Finland_InsuranceHandbook_2011-12

supereuro travel insurance
travel insurance terms and conditions
and general terms of contract
valid as of 1 January 2011
133 156 1 01.11
1
contents
TRAVEL INSURANCE ..........................................................4 TRAVEL LIABILITY INSURANCE ......................................10
COMMON PROVISIONS ......................................................4 1 THOSE INSURED......................................................10
1 TERRITORIAL SCOPE OF VALIDITY ........................4 2 COVERABLE INSURANCE EVENTS .......................10
2 PERIOD OF VALIDITY ................................................4 3 LOSSES EXCLUDED FROM COVER ......................10
3 EFFECT OF STAY ABROAD ON VALIDITY ...............4 4 SPECIAL MEASURES TO BE TAKEN ON
4 NUCLEAR ACCIDENT, WAR AND AVIATION OCCURRENCE OF AN INSURANCE EVENT ..........10
ACCIDENT...................................................................4 5 INDEMNIFICATION REGULATIONS ........................10
TRAVELLER’S INSURANCE ...............................................4 6 JOINT AND SEVERAL LIABILITY ............................10
1 CONTENT OF INSURANCE .......................................4 LEGAL EXPENSES TRAVEL INSURANCE....................... 11
2 THOSE INSURED........................................................4 1 PURPOSE OF INSURANCE ..................................... 11
3 BENEFICIARY .............................................................4 2 THOSE INSURED...................................................... 11
4 EFFECT OF THE INSURED´S AGE ON VALIDITY ....4 3 COURTS OF LAW ..................................................... 11
5 VALIDITY IN SPORTS AND CERTAIN 4 COVERABLE INSURANCE EVENTS ....................... 11
OTHER ACTIVITIES ....................................................4 4.1 Definition of an insurance event ................................. 11
6 TRAVEL ILLNESS .......................................................5 4.2 single insurance event ............................................... 11
6.1 travel illness ................................................................5 5 RESTRICTIONS RELATED TO INSURANCE
6.2 the following are not covered as travel illness ............5 EVENTS ..................................................................... 11
7 TRAVEL ACCIDENT AND RESTRICTIONS ...............5 6 MEASURES TO BE TAKEN ON OCCURRENCE
7.1 travel accident, exertion and movement .....................5 OF AN INSURANCE EVENT ..................................... 11
7.2 injuries which are not covered as travel accidents.......5 7 INDEMNIFICATION REGULATIONS ........................12
7.3 effect of illness, defect, injury or degeneration not
7.1 sum insured ...............................................................12
related to travel accident ..................................................5
7.2 Debuctible ..................................................................12
8 TYPES OF COMPENSATION .....................................5 7.3 coverable expenses ..................................................12
8.1 Medical expenses indemnity .............................................5 7.4 the amount and calculation of indemnity...................12
8.2 other indemnities included in medical expenses cover .........6 7.5 expenses not coveres by the insurance ....................12
8.3 Daily benefit....................................................................7 7.6 other provisions concerning indemnity ......................12
8.4 Handicap benefit ............................................................7
GENERAL TERMS OF CONTRACT ..................................13
8.5 Death benefit ..................................................................7
1 KEY CONCEPTS .......................................................13
9 HOW TO MAKE A CLAIM ...........................................7
9.1 notication of an insurance event ..................................7 2 DISCLOSURE OF INFORMATIONS PRIOR
9.2 Medical expenses indemnity ........................................7 TO CONCLUDING THE INSURANCE
9.3 cancellation or interruption of a journey ......................7 CONTRACT ...............................................................13
9.4 Missed departure or delay............................................7 2.1 insurance company’s obligation to disclose
9.5 Death............................................................................7 information (§§5 and 9) ..............................................13
9.6 loss investigation costs ...............................................7 2.2 policyholder’s and insured party’s obligation
to disclose information (§§22, 23 and 24) .................13
LUGGAGE INSURANCE ......................................................8 2.3 Failure to disclose information ...................................13
1 CONTENT OF INSURANCE .......................................8 3 COMMENCEMENT OF THE INSURANCE
2 THOSE INSURED........................................................8 COMPANY’S LIABILITY AND VALIDITY
3 PROPERTY INSURED ................................................8 OF THE INSURANCE CONTRACT ..........................13
3.1 commencement of the insurance company’s
4 COVERABLE INSURANCE EVENTS .........................8 liability (§11) ...............................................................13
5 LOSSES EXCLUDED FROM COVER ........................8 3.2 Grounds for granting insurance (§10) ........................13
3.3 validity of the insurance contract ...............................14
6 SAFETY REGULATIONS ............................................8
6.1 Significance of safety regulations.................................8 4 INSURANCE PREMIUM ..............................................14
6.2 protective measures against theft and burglary ...........8 4.1 premium payment (§38 ..............................................14
6.3 other regulations..........................................................9 4.2 Delayed premium (§39)..............................................14
4.3 reinstatement of terminated insurance
7 INDEMNIFICATION REGULATIONS ..........................9 of the person (§43) .....................................................14
7.1 How to claim indemnity ................................................9 4.4 payment of a delayed non-life insurance
7.2 upper limits of indemnity ..............................................9 premium (§42) ............................................................14
7.3 Indemnification alternatives..........................................9 4.5 refund of premium upon termination of a
7.4 Debuctible ....................................................................9 contract (§45) .............................................................14
7.5 Costs indemnified in addition to material damage .......9 4.6 setoff against premiums to be returned .....................14
7.6 indemnity for loss or damage .......................................9 4.7 Fixed period insurance contract .................................14
this is a translation of the original Finnish terms and conditions,
which take precedence should there be any differences between the
original and the translation.
2
5 DISCLOSURE OF INFORMATION DURING 13 INSURANCE COMPANY’S RIGHT OF
VALIDITY OF CONTRACT ........................................14 RECOVERY (§75) .....................................................17
5.1 insurance company’s obligation to disclose 13.1 insurance company’s right of recovery
information (§§6, 7 and 9) ..........................................14 vis-à-vis a third party ..................................................17
5.2 policyholder’s obligation to disclose information 13.2 other cases of right of recovery under
about any increase in risk ..........................................14 non-life insurance .......................................................17
5.3 Decrease in risk of loss ..............................................15 14 ALTERING AN INSURANCE CONTRACT ...............17
6 OBLIGATION TO PREVENT AND LIMIT LOSS 14.1 altering the terms of contract during the
OR DAMAGE IN NON-LIFE INSURANCE ................15 insurance period.........................................................17
6.1 obligation to observe safety regulations 14.2 altering the terms of contract of a continuous
(§§31 and 34) .............................................................15 policy at the end of an insurance period
6.2 obligation to prevent and mitigate loss or (§§19 and 20) .............................................................17
damage (duty of salvage) (§§32, 34 and 61) ............15 14.3 effect of the index .....................................................17
6.3 Failure to observe the safety regulations and 15 TERMINATION OF INSURANCE CONTRACT .................17
the duty of salvage under liability insurance 15.1 policyholder’s right to terminate the insurance
(§§31 and 32) .............................................................15 (§12 ............................................................................17
7 CAUSING AN INSURANCE EVENT .........................15 15.2 insurance company’s right to terminate the
7.1 insurance of the person .............................................15 insurance during the insurance period .......................17
7.2 non-life insurance (§§30 and 34) ...............................15 15.3 insurance company’s right to terminate the
7.3 occurrence of an insurance event under insurance at end of the insurance period ...................18
liability insurance (§§30 and 34) ................................15 16 RIGHTS OF A THIRD PARTY UNDER
8 IDENTIFICATION WITH ANOTHER NON-LIFE INSURANCE ............................................18
PERSON UNDER NON-LIFE INSURANCE (§33) ...16 16.1 persons covered by property insurance (§62) ...........18
9 IRRESPONSIBILITY AND EMERGENCY (§36) .......16 16.2 position of the insured person after the
occurrence of an insurance event (§65).....................18
10 BENEFICIARY CLAUSE ...........................................16 16.3 priority to payment from compensation (§66)
10.1 Beneficiary (§47) ........................................................16 16.4 entitlement to compensation of a person who
10.2 Form of the beneficiary clause ...................................16 has suffered injury, loss or damage under
11 CLAIMS SETTLEMENT PROCEDURE ....................16 liability insurance (§67) ..............................................18
11.1 Duties of claimant (§§69 and 72) ..............................16 16.5 right of appeal of a person who has suffered
11.2 time limitation on claims (§73) ..................................16 injury, loss or damage under liability insurance
11.3 the insurance company’s obligations (§68) ...........................................................................18
(§§7, 8, 9, 67, 68 and 70) ...........................................16 17 APPLICABLE LAW ...................................................18
11.4 setoff against compensation ......................................16
18 OTHER MATTERS COVERED BY THE
12 LODGING AN APPEAL AGAINST A DECISION INSURANCE CONTRACTS ACT ..............................18
TAKEN BY THE INSURANCE COMPANY
(§§ 8, 68 AND 74) ......................................................16
12.1 right to correct .........................................................16
12.2 Finnish Financial ombudsman Bureau and
boards issuing recommendations ..............................16
12.3 District court ..............................................................17
this is a translation of the original Finnish terms and conditions,
which take precedence should there be any differences between the
original and the translation.
3
travel insurance
the insurance cover may include the following
types of travel insurance:
- traveller’s insurance
- luggage insurance
- travel liability insurance
- legal expenses travel insurance.
the insurance cover selected is stated in the
insurance policy.
coMMon provisions
1 TERRITORIAL SCOPE OF VALIDITY insurance to cover any period in excess of - war or armed conflict. This restriction
three months may be taken out through a will not be applied within 10 days
the insurance cover is valid abroad and in supplementary agreement and at an additional following the start of armed operations,
Finland as follows: premium. unless a major war is concerned or
- on journeys abroad throughout the the insured participated in the said
world, unless otherwise stipulated in 3 EFFECT OF STAY ABROAD ON operations.
the policy, VALIDITY
- in Finland, the insurance cover is valid through a supplementary agreement and at
on journeys made to places which are For the travel insurance cover to be valid, the an additional premium, luggage insurance and
more than a straight-line distance of insured person must be resident in Finland for medical expenses indemnity under traveller’s
50 kilometres from the home, place of over six months a year. insurance are also valid during war or armed
work or study, and holiday home of the conflict. The supplementary agreement does
insured. The insurance cover is not, If the insured does not fulfil this requirement not, however, extend the scope of cover to
however, valid in the above-mentioned for two years in a row, the travel insurance major wars or situations where the insured
places, nor on journeys between cover will expire one year after the end of the has participated in the said operations.
them. insurance period during which the insured for
the first time travelled abroad in order to stay In the event of illness, injury or death occurring
2 PERIOD OF VALIDITY there for a period of over six months. in connection with an aviation accident,
traveller’s insurance does not, neither in
The insurance cover is valid on journeys 4 NUCLEAR ACCIDENT, WAR AND hobby nor in professional aviation, cover
lasting a maximum of three months. If an AVIATION ACCIDENT pilots or any other persons who are members
unbroken journey lasts longer than this, the of the flight crew or persons carrying out
insurance cover will cease to be valid after Cover is not provided for any loss or damage other duties related to the flight.
three months from the date of departure from caused
Finland. An unbroken journey or stay abroad - by nuclear accident as described in
is not considered to have been interrupted the Nuclear Liability Act, or caused by
through a 14-day visit to the insured person’s material, equipment or weapons based
home country if the insured intends to return on nuclear reaction or ionising radiation,
to the same destination. regardless of where the nuclear accident
occurred
traveller’s insurance
1 CONTENT OF INSURANCE traveller’s insurance at a time. The types 5.2 The insurance does not cover illness,
of compensation valid for these persons injury or death sustained in the following
the insurance covers travel illness which under 15 years of age are the same as those types of sports or activities:
begins or travel accidents which occur during chosen for the insured persons recorded in - combat, contact or self-defence sports,
the validity of the insurance. the insurance policy, excluding, however, the such as judo, wrestling, boxing or
daily benefit. karate
the following types of compensation may be - strength sports
selected for the insurance 3 BENEFICIARY - weightlifting movements
- medical expenses indemnity for travel - powerlifting movements
illness or travel accident The policyholder may name a beneficiary - bodybuilding
- daily benefit for travel accident to whom any compensation is paid. such a - motor sports
- handicap benefit for travel accident beneficiary clause and relevant alterations to - airborne sports, such as parachuting,
- death benefit for travel accident. or cancellations of it must be submitted to the gliding, hot air ballooning, hang-gliding
insurance company in writing. or flight in ultralight, experimental or
Medical expenses indemnity includes not home-built aeroplanes
only an expenses indemnity for travel illness 4 EFFECT OF THE INSURED’S AGE - bungee jumping
or travel accident but also an indemnity for ON VALIDITY - climbing sports, such as mountain,
cancellation or interruption of a journey, rock, ice or wall climbing
missed departure or delay, bodily injury due a fixed-term traveller’s insurance can be - scuba diving or free diving
to an assault offence and repatriation of the granted to persons under the age of 86. - freestyle skiing, speed and downhill
deceased in the event of death. skiing, or skiing on unprepared slopes
continuous traveller’s insurance cover expires or outside marked slopes
the types of compensation selected for each at the end of the insurance period during which - skimbat or kite surfing
of those insured are stated in the insurance the insured reaches the age of 70. - ocean yachting
policy. - research expeditions or treks to
5 VALIDITY IN SPORTS AND CERTAIN mountains, jungle, deserts or wilds, or
2 THOSE INSURED OTHER ACTIVITIES other uninhabited areas abroad.
those insured are the persons named in the 5.1 The insurance does not cover illness, 5.3 the insurance can also be extended to
insurance policy. injury or death sustained in sports games or cover the sports and activities mentioned
matches arranged by a sports association or above in section 5.2 (‘sports extension’)
those family members and grandchildren who sports club, nor does it cover illness, injury under a supplementary agreement and at an
are under 15 years of age and travel with the or death sustained in training arranged additional premium. the extension does not
insured are also covered under the traveller’s according to a training programme or in apply to sports games or matches arranged
insurance, but only under one Eurooppalainen training typical of the sports. by a sports association or sports club; nor
Please pay special attention to
the restrictions printed in italics.
4
does it apply to training arranged according covered according to section 8.1.4 of - the costs of acquiring medication sold
to a training programme or to training typical these terms and conditions. in a pharmacy on the basis of a permit
of the sports. - suicide or attempted suicide. issued by the Finnish Medicines agency
or an equivalent foreign authority
6 TRAVEL ILLNESS Travel accidents do not include - daily hospital charges
- hernia of the intervertebral disk, - reasonable travel expenses to a local
6.1 Travel illness abdominal or inguinal hernia, Achilles physician or nursing institution
tendon rupture, or recurrent dislocation - necessary costs of repairing or replacing
Travel illness is defined here as any illness unless the injury was caused by a travel spectacles, a hearing aid, dentures or a
requiring medical treatment and which started, accident that would also cause injury to safety helmet in use and broken when the
or its first symptoms appeared, during the healthy tissues travel accident occurred, provided that
journey and for which medical treatment was - infectious diseases caused by a bite or the accident called for medical treatment
given during the journey or within 14 days of sting and the repair or replacement took place
the end of the journey. the time limit of 14 - the psychic consequences of an within two months of the occurrence of
days is not applied in the case of an infectious accident. the accident, at the latest
disease with a longer incubation period. - expenses incurred from physiotherapy
7.3 Effect of illness, defect, injury or ordered by a physician and given in
6.2 The following are not covered as degeneration not related to travel a nursing institution if such therapy is
travel illness accident necessary after surgical operations or
- mountain sickness plaster treatments following a travel
- illness caused by abuse of medicine or The insurance does not cover illness, defect, accident or travel illness. Per insurance
use of alcohol or other intoxicant injury, or degeneration of the musculoskeletal event, the insurance covers one
- pregnancy, child birth or termination system, which are not related to a travel physical treatment period which may
of pregnancy or related illnesses or accident, even if they had been symptomless include a maximum of ten (10) treatment
complications, unless it is a sudden before the accident. If these factors not sessions.
change in the pregnancy that requires related to the travel accident have materially
immediate care during the journey and contributed to the emergence of the injury the following are also covered as treatment
if the change according to general sustained during the journey or its delayed expenses
medical experience was not likely or recovery, medical expenses indemnity, daily - necessary telephone charges incurred
predictable benefit and handicap benefit are only paid during the journey up to eur 170
- infertility examination or treatment and insofar as the treatment expenses, disability - necessary expenses for purchase
related complications. or permanent handicap are deemed to have of essential commodities related to
been caused by the travel accident. the medical treatment up to eur 170,
7 TRAVEL ACCIDENT AND provided that such commodities are not,
RESTRICTIONS 8 TYPES OF COMPENSATION according to local practice, included in
the hospital treatment.
7.1 Travel accident, exertion and 8.1 Medical expenses indemnity
movement The insurance company may demand that
8.1.1 right to medical expenses indemnity the insured be transported, at the insurance
7.1.1 travel accident the right to medical expenses indemnity arises company’s expense, back to Finland for
when treatment expenses are incurred from a treatment if local treatment would otherwise
a travel accident is a sudden, external travel illness or travel accident sustained by cause substantially higher expenses as
occurrence which is beyond the control of the the insured. compared to similar treatment in Finland. If
insured, which takes place during the journey the insured does not accept the suggested
and which causes bodily injury. Treatment expenses incurred from a travel arrangement, the insurance company
illness are covered for a maximum of 120 undertakes to indemnify for expenses
the following are also considered to be travel days from the onset of treatment. Treatment incurred from treatment given abroad up to an
accidents: unintentional drowning, heatstroke, expenses incurred from a travel accident are amount corresponding to expenses incurred
sunstroke, hypothermia, injury caused covered for a maximum of three years after from repatriation of the insured to Finland and
by considerable variation in atmospheric the accident. treatment given in Finland.
pressure, gas poisoning sustained by the
insured, and poisoning caused by a substance treatment expenses incurred from a sudden If it becomes evident that the expenses for
taken inadvertently. worsening of an existing illness or a sudden which indemnity is claimed clearly exceed the
change in the state of the illness during the generally accepted and reasonable level, the
7.1.2 exertion and movement journey are also covered insofar as such a insurance company has the right to lower the
change or worsening was not likely or expected amount of indemnity but not, however, under
in addition to travel injuries, the insurance also on the basis of general medical experience. the reasonable level.
covers strain injuries of muscles and ligaments In these cases, only acute, emergency-type
immediately caused during the journey by a treatment given at the destination for a costs incurred by the insured person using
sudden, particular and singular exertion and maximum of one week from the outset of his/her own car are covered as reasonable or
movement, for which medical treatment was treatment is covered. necessary expenses to the maximum amount
given within 14 days of the occurrence of the of motor vehicle travel costs specified under
injury.. indemnity is paid for a maximum of treatment expenses are covered insofar as the decree issued by the Ministry of social
six weeks from the occurrence of the strain they do not give or would not have given affairs and Health on the basis of the Health
injury. neither Mri scans nor surgery will be entitlement to reimbursement under the insurance act.
indemnified as treatment expenses following Health Insurance Act or under some other
a strain injury caused by sudden exertion and legislation. subject to the insurance company’s advance
movement. approval, coverable treatment expenses for
in any one insurance event, the deductible travel illness or travel accident also include
7.2 Injuries which are not covered as stated in the insurance policy is subtracted - expenses for repatriation of the insured
travel accidents for any single illness or accident. patient and travel and accommodation
expenses for an escort where
the concept ‘travel accident’ does not include 8.1.2 coverable treatment expenses necessary
injury caused by treatment expenses are covered provided that - travel expenses for one close relative to
- an insurance event arising from an the examination or treatment of illness or injury visit the insured and return home, plus
illness, defect or injury of the insured is prescribed by a physician. in addition, the accommodation, but only if the insured
- operation, treatment or other medical examination or treatment procedures must be is fatally ill or injured according to the
procedure, unless the procedure is in accordance with generally accepted medical physician in charge
undertaken in order to treat an injury practice and necessary for the treatment of the - expenses other than the above, provided
caused by a coverable travel accident illness or injury in question. that the measures taken by the insured
- poisoning due to medicine, alcohol or have minimised further coverable loss or
other intoxicant used by the insured or these coverable treatment expenses include reduced coverable expenses.
due to a substance taken as food - reasonable fees for examination and
- biting on a tooth or dentures, even though treatment procedures carried out by
an external factor has contributed to the physicians or healthcare professionals
damage. Dental injuries, however, are
5
8.1.3 expenses which are not covered - in case of cancellation of tours arranged treatment of the travel illness or injury
Coverable treatment expenses do not in compliance with the special terms and requires, on the order of a physician,
include conditions referred to in the general the guardian’s assistance, the guardian
- expenses incurred from physiotherapy, terms and conditions for package tours, is correspondingly indemnified for travel
physical treatment or other comparable reasonable expenses are covered, but days lost.
treatment with the exception of the no more than 75% of the tour price.
situations specified in the last item of For any one period, indemnity is paid only
section 8.1.2 above For cancellation of other travel services, for hospitalisation or for untimely return, not
- expenses incurred from rehabilitation contractual expenses paid in advance are both. Indemnity is paid for a maximum of
if treatment is given elsewhere than in covered up to a maximum total of eur 1,000 45 days, but not exceeding the price of the
a medical institution per journey and per insured person. journey paid in advance. Indemnity is not paid
- costs of acquiring micronutrient, if the journey has lasted over 90 days at the
mineral, nutritive, medicinal or vitamin Cancellation of a journey is not covered if time the loss occurs.
preparations, basic creams or lotions, - the insurance contract has been
or anthroposophic or homeopathic concluded later than three days prior the number of travel days is calculated in full
products to the beginning of the journey 24-hour periods as of the moment the journey
- medical equipment, other aids or - the reason for the cancellation became begins. the lost travel days are calculated
artificial limbs apparent before entering into the correspondingly, as of the commencement
- expenses arising from treatment of an insurance contract of hospital treatment or of interruption of the
addiction to drugs, alcohol, medicine, - the reason for the cancellation became journey until hospital treatment ceased, but not
nicotine or other similar substance, apparent before the reservation or beyond the date the journey was scheduled
or from treatment of other types of payment of the journey to end. if the last full period calculated in
addiction - the sudden illness was caused by this manner is exceeded by 12 hours, the
- costs of acquiring orthopaedic bandages abuse of medicine or use of alcohol or remainder is also considered a full day.
and braces. intoxicant, or
- the reason for the cancellation was the if an insured who has been on a package tour
8.1.4 treatment expenses incurred from dental insured’s fear for contagious diseases lasting no more than 90 days is entitled to a
injury and acute toothache or his/her other phobia. per diem indemnity for lost travel days and he/
coverable treatment expenses for dental injury she has lost over half of his/her travel days,
caused by a travel accident consist of necessary 8.2.2 indemnity for interruption of a journey he/she can be given a new tour instead of the
expenses incurred from the treatment or interruption of a journey is an alteration in a per diem indemnity if he/she so wishes.
examination of the injury, provided that this jouney already begun, if the alteration is due
is carried out or prescribed by a dentist, plus to a compelling reason, such as a new tour will also be given to a spouse or
reasonable local travel expenses. - an illness or an accident suffered by common-law spouse who accompanied the
the insured during the journey. the insured on the journey and lost more than half
expenses incurred from treatment of injury compelling nature of the reason is of his/her travel days due to untimely return
caused by biting on a tooth or dentures, assessed on medical grounds. as a result of his/her spouse’s travel illness
including reasonable local travel expenses, - substantial loss of or material damage or accident, provided that he/she held a valid
are covered up to a maximum total of eur to the insured’s property in Finland. traveller’s insurance with eurooppalainen.
120. When a child under 15 years of age is
the insured’s untimely return from the journey entitled to a new package tour, one of that
expenses incurred from necessary treatment will only be covered if the travel illness or travel child’s parents who accompanied him/her on
of sudden toothache, including reasonable accident is of such a nature that on medical the interrupted tour will also be entitled to a
local travel expenses, are covered up to a grounds the treatment requires the insured to new tour, provided the said parent also held a
maximum total of eur 120, provided that the return to Finland. traveller’s insurance with eurooppalainen.
toothache began and treatment was given
during the journey. Furthermore, the insured is entitled to A replacement tour is a journey arranged by
indemnity if the untimely or delayed return to the same tour operator, the price of which
8.2 Other indemnities included in Finland is caused by a compelling reason such must not exceed the total price for the
medical expenses cover as a serious, unexpected and sudden illness, interrupted journey or the journey lost due
a serious accident or death suffered by the to hospitalisation. The maximum amount of
8.2.1 indemnity for cancellation of a journey insured’s spouse or co-resident common-law indemnity for a new journey is EUR 2,550
the insurance covers cancellation of a journey, spouse, child, adopted or foster child, child of per person entitled to a replacement tour. a
i.e. prevention of the insured’s departure from spouse or common-law spouse, grandchild, replacement tour may also be a tour organised
Finland due to a compelling reason, such as parents, parents-in-law, adoptive parents or by some other operator, should the original
- sudden illness, accident or death suffered grandparents, siblings, siblings of spouse or operator not be able to provide a new tour.
by the insured. the compelling nature common-law spouse, daughter- or son-in-law,
of the reason is assessed on medical or a single companion with whom the insured The new journey must begin within one year
grounds. has jointly in Finland reserved a journey that of the first day of the interrupted journey.
- substantial loss of or material damage departs from Finland. the compelling nature of The new journey is personal and cannot be
to the insured’s property in Finland. the reason is assessed on medical grounds. transferred to another person.
Furthermore, the insured is entitled to Where a journey is interrupted, the insurance A package tour is defined here as a journey
indemnity if the cancellation of the journey covers which is subject to the general terms and
is caused by a compelling reason such as - unavoidable additional travel and conditions of package tours or corresponding
a serious, unexpected and sudden illness, accommodation expenses incurred by foreign terms and conditions.
a serious accident or death suffered by the the insured during the journey
insured’s spouse or co-resident common-law - reasonable travel expenses approved 8.2.3 indemnity for missed departure
spouse, child, adopted or foster child, child of by the insurance company for a new The insured is indemnified for missed departure
spouse or common-law spouse, grandchild, journey to the same destination if such if he/she fails to arrive at the departure point
parents, parents-in-law, adoptive parents or a journey takes place during the validity for a flight or a boat, train or bus journey to a
grandparents, siblings, daughter- or son-in-law, of the insurance and is necessary foreign destination or the departure point for
or a single companion with whom the insured because of work or continuing studies a connecting flight to a foreign destination
has jointly in Finland reserved a journey that in an educational institution because
departs from Finland. the compelling nature of - unused services, excursions and travel - a public conveyance on which the insured
the reason is assessed on medical grounds. at the destination for which the insured intended to travel or on which he/she
has paid separately in advance, up to a was travelling to the above departure
in the event of cancellation, the insurance maximum total of EUR 1,700 point is delayed due to weather, natural
covers any costs paid in advance for which the - eur 43 per day for travel days lost if a catastrophe, technical malfunction,
insured is liable in view of the tour operator’s journey is interrupted due to hospital criminal act or action by an authority,
conditions, as follows: treatment or untimely return of the or
- in case of cancellation of package tours insured. Indemnity for days lost on - the vehicle used by the insured is
arranged in compliance with the package account of hospital treatment is only involved in a road accident or develops
travel act, office expenses as per t h e paid to an insured who is hospitalised. a technical malfunction.
general terms and conditions of package if the insured who is hospitalised
tours. is under 15 years of age and the
6
if the insured is late, the insurance covers the Disability is total if the insured is wholly unable 9 HOW TO MAKE A CLAIM
necessary and reasonable expenses required to carry out his/her normal activities at work,
to make sure the insured will be able to depart and partial if the insured is partially unable to 9.1 Notification of an insurance event
for a foreign destination as scheduled, but not carry out these activities.
more than the price of that leg of the original the claimant must notify the insurance
journey that was cancelled. These expenses The benefit is paid for as many days as the company of the insurance event in writing. this
are only covered up to a maximum of EUR disability continues in excess of the qualifying can be done by filling in a traveller’s insurance
1,700. period mentioned in the policy. The qualifying claim form.
period begins on the first day of the disability
if the insured is too late to take part in a journey as stated by a physician. the company must also be provided with an
to a foreign destination, the price of the journey address for payment of compensation, and
that was cancelled because of the delay will Benefit for any single accident is paid up where necessary, a travel ticket or other
be covered or, in the event that the journey to the maximum period mentioned in the documentation concerning the journey.
is only partly cancelled, the part of the price policy.
for the entire journey that corresponds to the 9.2 Medical expenses indemnity
cancelled part of the journey. These expenses 8.4 Handicap benefit
are, however, only covered up to EUR 1,700. the claimant must him/herself pay the medical
The right to handicap benefit arises if the treatment expenses due to travel illness and
Indemnity will not be paid to the extent that insured suffers permanent handicap caused travel accident sustained in Finland and
the insured is paid compensation for the same by a travel accident which occurred during claim reimbursement of the expenses under
reason by the tour operator, transport service the validity of the handicap benefit cover and the Health insurance act. claims under the
contractor, hotel or corresponding party. the permanent handicap has continued for Health insurance act must be submitted to
three months. the social insurance institution within six
8.2.4 indemnity for delay months of paying the expenses. the claimant
indemnity is paid to the insured if he/she is permanent handicap refers to a medically must provide the insurance company with the
delayed more than six hours at the departure assessed general handicap which the insured original receipt for the reimbursement paid by
or return location of a journey to a foreign has incurred through an injury and which, the social insurance institution, plus copies
destination owing to the insured being unable according to medical prognosis, is unlikely to of original receipts submitted to the social
to use the intended public conveyance for be healed. in determining the handicap, only insurance institution. originals of the receipts
reasons mentioned under section 8.2.3. the nature of the injury is taken into account. for expenses which have not been reimbursed
expenses compensation up to a maximum of The individual circumstances of the injured under the Health insurance act or some other
eur 34 is paid for each 6-hour period or part person, such as his/her profession or leisure- law, must also be submitted to the insurance
thereof exceeding the qualifying period. Such time pursuits, do not affect the determination company.
compensation is paid up to a maximum of eur of the handicap.
340 per insured. For medical treatment expenses incurred
the degree of handicap is determined in elsewhere than in Finland, the claimant must
8.2.5 indemnity for bodily injury due to an accordance with the handicap classification submit to the insurance company the original
assault offence decision made by the Ministry of social affairs invoices or receipts concerning the travel
if the insured has suffered bodily injury abroad and Health on the basis of the Workers’ illness or travel accident.
as a result of assault or some other intentional compensation insurance act and valid when
act of violence, he/she is indemnified for pain the accident occurred. injuries are divided 9.3 Cancellation or interruption of a
and suffering and loss of earnings only to the into handicap classes 1-20, with class 20 journey
extent that the tort-feasor is, or would be, liable corresponding to full handicap and class 1 to
to pay in accordance with Finnish legislation. the smallest coverable handicap. The smallest the claimant must submit to the insurance
The maximum indemnity is EUR 42,500. handicap as per class 1 only applies to eye company the original receipts for additional
and finger injuries in accordance with the expenses, an extract from the population
Indemnity is paid only where the tort-feasor is handicap classification decision. register for evidence of family relationship, and
unknown or found unable to pay damages. any other documents related to the insurance
The benefit for full, permanent handicap as event.
if the tort-feasor is summoned before a court, per class 20 is paid as a lump sum equal to
the insured must claim damages from him/ the sum insured valid at the time the travel For payment of indemnity for lost travel days,
her if the insurance company so requires. In accident occurred. For partial, permanent the claimant must also submit documents
such cases, the insurance company will pay handicap, the benefit is paid as a lump sum indicating the insured’s planned date of return
the insured’s legal expenses. equal to as many twentieths of the sum insured from the journey.
as indicated by the handicap class. In the case
The insurance does not cover of family members and grandchildren under 9.4 Missed departure or delay
- bodily injury caused by a person referred 15 years of age as referred to in section 2, the
to under section 8.2.1 sum insured is EUR 8,500 per insured. the claimant must submit to the insurance
- bodily injury which occurred while the company a statement on the insurance event
insured was pursuing his/her profession Permanent handicap is determined within given by the transport service contractor or
or carrying out his/her duties, or bodily three years of the travel accident, at the relevant authority.
injury which otherwise occurred in latest.
connection with gainful employment. if compensation is claimed for a missed
if the degree of handicap changes by at or delayed departure, the insured must
8.2.6 indemnity for repatriation of the least two handicap classes before three also submit original receipts for expenses
deceased years have elapsed since the payment of the incurred.
if the insured dies during the journey, the benefit, the amount of benefit must be revised
insurance will cover reasonable expenses for correspondingly. However, no benefit already 9.5 Death
repatriation to Finland or reasonable funeral paid will be recovered.
expenses abroad. these expenses will be paid For payment of death benefit, the claimant
regardless of the cause of death. 8.5 Death benefit must submit to the insurance company the
death certificate for the insured, a record of
8.3 Daily benefit The right to death benefit arises if the insured any police investigation and extracts from
dies owing to a travel accident which occurred the population register, or equivalent, on the
the right to daily benefit for a period of during the validity of the death benefit cover. beneficiaries.
disability arises when the insured suffers loss The benefit paid is equal to the sum insured
of working capacity due to a travel accident valid when the travel accident occurred. For payment of indemnity for repatriation or
which occurred during the validity of the daily funeral expenses abroad, the claimant must
benefit cover. In the case of family members and submit to the insurance company the original
grandchildren under 15 years of age as invoices or receipts for such expenses.
the compensation paid for total disability is referred to in section 2, the sum insured is
the daily benefit valid at the time the accident EUR 1,700 per insured. 9.6 loss investigation costs
occurred, and the compensation paid for
partial disability is the proportion of the daily The benefit is not paid if the insured dies after under loss investigation costs, the insurance
benefit corresponding to the loss of working three years have elapsed since the accident covers the fee for a police investigation report
capacity. occurred. and the estimate of repair costs required by the
insurance company, and the cost for emergency
or claims settlement services approved by the
insurance company in advance.
7
luGGaGe insurance
1 CONTENT OF INSURANCE 5 LOSSES EXCLUDED FROM COVER Keys to the home, accommodation facilities
or storage spaces must not be left or hidden
the insurance covers the insured luggage The insurance does not cover in the vicinity of these places. the lock must
against material damage during the validity – any loss arising from the loss of be changed immediately or re-keyed if there
of the insurance. payment instruments and securities or is cause to believe that the key is held by an
from leaving them behind unauthorised person.
2 THOSE INSURED – any loss arising from the ordinary use
of goods, or damage to goods caused When property is kept in a hotel room,
those insured are the policyholder and persons by insufficient covering, wear passenger cabin or similar accommodation
residing permanently in the same household as and tear, chafing, scratching, space, any valuables or objects or equipment
the policyholder, unless otherwise stipulated corrosion or other comparable gradual worth more than eur 800 must be kept in a
in the insurance policy. phenomenon fixed and separately locked space. In these
– any loss arising from an action taken by safety regulations, valuables include jewellery,
3 PROPERTY INSURED the authorities precious metal objects, furs, valuable
– any loss which is covered under some collections and works of art.
luggage means property of the insured taken special legislation, guarantee or other
along on or acquired during a journey. The insurance 6.2.2 property outside the home,
insurance covers luggage up to the maximum – sports equipment or sports gear accommodation facilities and related storage
total of the sum insured stated in the insurance occurring while being used for its spaces
policy. intended purpose, except where the property accompanying the insured must be
loss or damage is caused by negligence continuously supervised. the insured must
instruments of payment and securities are of a third party not leave his/her accompanying property or
considered luggage up to a total of eur 85 – theft of valuables kept in a motor luggage unattended in public places such as
when carried by the insured, and up to a total vehicle, trailer, boat, outside boot of streets, bus and railway stations, marketplaces,
of eur 500 if kept in a locked safedeposit a motor vehicle or trailer, pannier of a restaurants, shops, lobbies of hotels or other
box. vehicle or a tent accommodation establishments, beaches,
– theft of optical instruments, electronic sports fields, public conveyances, popular
Restrictions: equipment and electric tools kept in a tourist sites and public assemblies.
the following are not considered to be trailer, outside boot of a motor vehicle
luggage: or trailer, pannier of a vehicle or a any accompanying property left unsupervised
– motorised vehicles, caravans or other tent. However, this exclusion does not must be stored in a locked, fixed storage space
trailers, watercraft or aircraft, or any apply to theft of optical instruments, which cannot be entered without damaging the
parts or accessories thereof, with electronic equipment and electric tools structures or locks of the storage space.
the exception of keys to motorised from caravans.
vehicles – any loss arising from luggage When storing moveable property in a motor
– sailboards or sails thereof disappearing or being left behind. vehicle, trailer, boat, outside boot of a vehicle
– merchandise, samples of goods, or trailer or pannier of a vehicle, these must
advertising material, commercial valuables include jewellery, precious metal be locked. the property must also be placed
or educational films or tapes, objects, furs, valuable collections and works or covered in such a way that it cannot be
photographs, drawings, or program of art. seen by an outsider, unless he/she breaks into
diskettes the storage space. the boot or pannier must
– tools used in gainful employment, tele- the insurance does, however, cover loss be locked or fastened to the vehicle or trailer
and photocopiers, or files and software up to eur 120 arising from luggage, other in such a way that it cannot be unfastened
contained in IT equipment than payment instruments and securities , without using tools. a trailer used for storing
– manuscripts, collections and their disappearing or being left behind, provided property must be locked with a device which
parts that the time, place and circumstances of prevents it from being coupled to a drawing
– removal goods or separate consignments the loss can be defined, that the loss was vehicle or locked in such a way that it is clearly
– animals or plants. noticed during the journey at the place difficult to move.
where it occurred and that an outsider was
4 COVERABLE INSURANCE EVENTS demonstrably and immediately informed of the When storing a child’s pram outside the
loss. if luggage left in the custody of the tour home, accommodation facilities or related
4.1 The insurance indemnifies for any direct operator or corresponding party is lost, the loss storage spaces, the pram must be kept under
material damage caused by some sudden and is covered to its full amount, though not beyond supervision or be locked in such a way that it
unforeseeable occurrence during the validity the maximum of the sum insured. is clearly difficult to move.
of the insurance.
6 SAFETY REGULATIONS property must not be left in tents without
4.2 irrespective of the sum insured, the supervision.
insurance covers 6.1 Significance of safety regulations
- any reasonable expenses incurred in in public conveyances, cash, other payment
searching for lost luggage, provided the The insured must comply with the safety instruments, securities and valuables must be
luggage had been entrusted to a hotel, regulations given in the insurance policy, carried as hand luggage. valuables include
haulage or transport company, tour insurance terms and conditions, or otherwise jewellery, precious metal objects, furs, valuable
operator or similar provided in writing. If the insured fails to collections and works of art.
- any reasonable costs incurred by the comply with the safety regulations, any
insured in taking action to limit or prevent compensation payable to him/her may be cash, other payment instruments and
loss that has occurred or is imminent and reduced or denied under section 6 of the securities must not be left in a hotel room,
that is coverable under this insurance General Terms of Contract. passenger cabin or similar accommodation,
- expenses caused by acquiring and they must be carried as hand luggage in
ecessities when luggage handed in for 6.2 Protective measures against theft public conveyances.
transportation is delayed at least two and burglary
hours after the insured has reached the Bank, credit or similar payment cards must not
destination of his/her outward journey. 6.2.1 property in the home, in accommodation be kept in the same place as their respective
These expenses will be indemnified up facilities and in related storage spaces codes or be used in such a way that an
to a maximum of EUR 85 per day or part the doors, windows, hatches and other unauthorised person may discover the code.
thereof and to a maximum total of EUR entrances to storage spaces for moveable
340 per person insured. property must be closed in a manner providing 6.2.3 Further regulations concerning sports
- travel, accommodation and telephone protection against theft and burglary. the and leisure equipment
costs incurred from the theft of travel closing must be effected in such a way that Bicycles must be protected against theft by a
tickets, visa or passport during a journey the storage space cannot be entered without properly functioning safety lock.
up to a maximum of eur 170 in total. damaging the structures or locks of the storage
space. If skis, snowboards or other sports equipment
covered by luggage insurance have to be left
8
unsupervised out of doors or in public areas, 7.2 Upper limits of indemnity replacement value, which refers to the cost of
they must be locked to a stand intended for this acquiring new identical or equivalent property.
purpose, or to other suitable fixture. The upper limit of the insurance company’s If the value of the property has depreciated
liability to indemnify is the replacement value by more than 50% of its replacement value as
6.3 Other regulations or current value of the property. a result of age, use, decrease in usability or
similar cause, the amount of the indemnity is
the instructions for use issued by the The maximum indemnity payable is the sum based on the current value of the property.
manufacturer, seller or importer of the product insured as recorded in the insurance policy. current value refers to the market value of
must be observed. the property before the loss occurred. The
the sum insured is reduced by the amount of a value of the property subject to age reduction
Fragile objects must be carried as hand claim paid. (this does not apply to a continous is, however, determined on the basis of the
luggage in public conveyances. policy). age of property items as indicated in section
7.6.2.
corrosive and staining substances and 7.3 Indemnification alternatives
bottles and packages containing liquids must Indemnity based on replacement value requires
be packed safely and separately from other Primarily, damaged property is indemnified that either the damaged property be repaired
accompanying property. by having the damaged object repaired. If or that it be replaced by new property of the
the repair costs exceed the value of the same type or property intended for the same
if an object has been damaged or lost in transit property determined in accordance with these purpose within two years of the insurance
or during storage, the damage or loss must indemnification regulations, the indemnity event.
be duly reported to and a claim filed with a will not exceed the value of the property.
representative of the haulage or transport the expenses for restoring the damaged indemnity based on replacement value is
company. property to the condition preceding the loss paid in two instalments. Indemnity is paid first
are indemnified as repair costs. on the basis of current value. an additional
7 INDEMNIFICATION REGULATIONS indemnity, which is the difference between
Expenses for renovation or other the indemnities based on replacement value
7.1 How to claim indemnity improvements made in connection with the and current value, is paid when the insurance
repair are not indemnified. company has received a report on the
7.1.1 Notification of an insurance event acquisition of a new object.
the claimant must immediately notify the The insurance company is entitled to acquire
insurance company of an insurance event. equivalent property or repair the damaged should the property still have some value
This can be done by filling in the insurance property instead of paying the indemnity in after the loss, this is taken into account as
company’s loss report form. cash. If, however, the indemnity is paid in a deduction in calculating the indemnity. the
cash, the maximum amount of indemnity is residual value is defined on the same bases
the claimant must provide the insurance determined on the basis of the amount which as the pre-loss value.
company with the documents and information the company would have paid the seller for
necessary for the assessment of the insurance the object or the repairer for the repair costs. 7.6.2 age reduction on indemnity for loss or
company’s liability. these include documents When assessing the amount of indemnity, all damage
and information which confirm the occurrence cash, wholesale, special and other discounts The following annual reductions are made
of loss, the extent of the loss, and the recipient to which the insurance company would from the replacement value, beginning with
of indemnity. examples of such documents have been entitled if it had acquired similar the second year of use:
are a police investigation report, a notice of a property or had the property repaired are
crime and a receipt for the acquisition of the taken into account. Property items Age reduction per year, %
damaged object. any crime must be reported - household appliances 10
to the police without delay. the insurance company is entitled to redeem - digital cameras 20
the damaged property or part of it at a value - other electronic appliances
7.1.2 Documents and the cost of obtaining determined using the same criteria as before and optical instruments 10
them the insurance event. - bicycles, motor tools and
The claimant must, if so requested, provide the machinery and outboard motors 10
insurance company with a police investigation if part of the lost property is recovered after - IT equipment (computers),
report. the insurance company will refund the payment of indemnity, the policyholder must mobile phones with accessories
costs of the police investigation report and any immediately surrender that property to the and other data terminal equipment 25
other official documents it has requested for insurance company or return the relevant - spectacles, clothes, accessories,
the claims handling. indemnity. footwear, sports equipment and
sports gear 25
When the insured claims indemnity for a 7.4 Deductible
loss due to theft of a bicycle, the loss report the reduction is computed by multiplying the
submitted to the insurance company must be In all insurance events, the insured is percentage figure by the number of full calendar
accompanied by the police official’s copy of responsible for a certain amount of the loss, years following the year the equipment was
the crime report filed. i.e. the deductible, which is specified in the first used. In addition to the reductions, the
insurance policy. deductible specified in the insurance policy
the insurance company will indemnify for the will also be subtracted.
costs arising from any repair cost estimate it 7.5 Costs indemnified in addition to
may require. material damage the age reduction is not applied to the costs
stated in the repair bill or written repair estimate
7.1.3 investigation of loss or damage and 7.5.1 costs arising from limiting the loss for the object. the indemnity for repair costs
safekeeping of the damaged object in addition to direct material damage and must not, however, exceed the value of the
the insurance company must be given the regardless of the amount of the sum insured, property as specified in this section.
opportunity to assess the loss or damage. the the insurance indemnifies for reasonable
fact that the insurance company inspects or costs incurred by the insured in taking action 7.6.3 Depreciation and sentimental value
assesses the loss does not prove that the loss to limit or prevent loss that has occurred or Depreciation is not indemnified. Depreciation
is coverable under the insurance. is imminent and that is coverable under this means that the current value of the damaged
insurance. property has declined, even though the
A damaged object must not be disposed of property has been restored after the loss to
without special reason. Spectacles broken 7.6 Indemnity for loss or damage the condition preceding the loss. Differences
beyond repair must be handed in to the in the shade of colour are not taken into
insurance company when submitting the 7.6.1 replacement, current and residual account when the amount of indemnity is
claim. values assessed, nor are sentimental or other such
in the event of loss of or damage to luggage, values.
the amount of indemnity is based on the
9
travel liaBility insurance
the travel liability insurance is subject to 3 LOSSES EXCLUDED FROM COVER is liable to pay damages, negotiate with the
the common provisions for travel insurance claimant and pay the indemnity required by
policies. The insurance does not cover the loss.
3.1 loss or damage caused
1 THOSE INSURED - to the insured 4.2 the insured must provide the insurance
- to the insured’s employee or the company with an opportunity to assess the
those insured are the policyholder and persons equivalent insofar as the person amount of loss or damage and to reach an
residing permanently in the same household as concerned is entitled to compensation amicable settlement.
the policyholder, unless otherwise stipulated under statutory workers’ compensation
in the insurance policy. or motor liability insurance. Restriction:
If the insured makes good the loss, agrees
2 COVERABLE INSURANCE EVENTS 3.2 loss of or damage to property which, thereon or accepts the claim, this will not be
when the act or negligence causing the binding on the insurance company, unless
2.1 the insurance covers any bodily injury or loss or damage took place, is or was in the the amount and basis of the damages are
material damage that the insured, as a private possession of, at the personal disposal manifestly correct.
individual, causes to a third party in the course of, borrowed by, stored with or otherwise
of a journey and for which the insured is liable handled by or in the care of the insured or 4.3 if damages coverable under this
under existing law, provided that the liability a person residing permanently in the same insurance are demanded from the insured
derives from an act or negligence that has household as the insured in legal proceedings, the insured must
taken place during the insurance period. immediately notify the insurance company of
3.3 loss or damage for which the insured the proceedings. the insurance company will
2.2 loss or damage caused by a child is is liable only by virtue of an agreement, handle the legal proceedings at its own cost on
covered even when the child is not liable to pay engagement, promise or guarantee behalf of the insured insofar as they concern
damages because of his/her age. contrary to the said damages.
section 7 of the General terms of contract, the 3.4 loss or damage for which the insured is
insurance also covers wilful loss or damage liable in the capacity of owner or possessor Restriction:
caused by a child under the age of 12. of the real estate The costs of legal proceedings taking place
outside the Nordic countries are indemnified
Restriction: 3.5 loss or damage which, in connection with to a maximum of EUR 8,500.
The insurance does not cover loss or damage building or renovation, is sustained by pipes
caused by a child if another person is liable or cables, if the insured has not acquired 4.4 If the insurance company has notified the
for the loss or damage. and followed cable or pipe charts for the insured of its readiness to settle with the injured
construction site party within the limits of the sum insured, and
2.3 regardless of any fault of the insured, the the insured does not consent thereto, the
insurance covers bodily injury resulting from 3.6 loss or damage caused by a road accident insurance company is not obliged to indemnify
the bite of a dog kept as a pet in the family as defined in the Motor Liability Insurance Act, for any extra costs incurred thereafter.
of the policyholder, and any loss or damage irrespective of where the accident occurred
caused by the family’s dog in a direct collision 5 INDEMNIFICATION REGULATIONS
with a motor vehicle. 3.7 loss or damage caused
- by use of a vessel or boat subject to 5.1 The maximum compensation payable in
Restriction: registration or a sailing boat over 6 any one insurance event is the sum insured
This regulation does not apply to metres long specified in the insurance policy.
- any loss or damage for which another - by use of an aircraft when the insured is
party is liable liable to pay damages in the capacity of 5.2 Multiple loss or damage caused by the one
- a traffic or other accident caused by owner, possessor or user of the aircraft and same event or circumstance is considered
avoiding a dog. or as a person carrying out duties on a single insurance event.
board the aircraft or in his/her capacity
2.4 as an exception to section 3.2, the insurance as the employer of any such persons 5.3 In all insurance events, the insured is
covers damage which has been caused responsible for a certain amount of the loss,
suddenly to the structures or fixed equipment 3.8 loss or damage caused gradually by i.e. the deductible, which is specified in the
of a rented or owner-occupied dwelling used for vibration, smoke, soot, gas, moisture, water, insurance policy.
the permanent accommodation of the insured sewage or pollution of a body of water,
and his/her family and for which the insured is groundwater or soil 5.4 legal provisions on value added tax will
liable under section 2.1. Damage caused to the be taken into account in calculations of the
structures or fixed equipment of a hotel suite is 3.9 loss or damage caused by a change in the amount of loss.
also covered. rented residential buildings are groundwater table
not considered rented dwellings. if the recipient of the indemnity is entitled under
3.10 loss or damage caused by quarrying or the value added tax act, in his/her own value
Restriction: blasting performed with outside labour or added taxation, to deduct the vat included in
The insurance does not cover damage caused for another or by consequent subsidence or purchase invoices for goods or services arising
to surface coverings, nor damage arising land movement from the loss or to have the tax refunded, the
from poor maintenance or wear and tear of the tax is deducted from the indemnity.
dwelling. Surface coverings in this respect 3.11 loss or damage caused by the insured in
include woodstrip and vinyl floor coverings, the course of professional, business or wage- if a deduction or refund right applies to the
wall-to-wall carpeting, wall coverings and earning activity, or loss or damage caused by acquisition invoice of the property or the relevant
painted surfaces of the dwelling. the insured to his/her employer part of it, the value added tax corresponding
to the amount of loss is deducted from the
2.5 contrary to section 3.2, the insurance 3.12 loss or damage caused in connection indemnity.
covers any loss sustained by the insured with an assault or an affray
because of damage suddenly caused by if the indemnity is to be considered income
him/her to a bicycle, moped, scooter or a 3.13 a fine or any similar sanction which replaces business income subject to
corresponding watercraft rented temporarily by value added tax, the indemnity is exempt from
him/her. on the same conditions, the insurance 3.14 loss or damage insofar as this is covered tax.
also covers damage caused to skis, ski poles by another valid liability insurance of the
or snowboards rented for a maximum of 14 insured 6 JOINT AND SEVERAL LIABILITY
days abroad.
3.15 loss or damage caused by a strike or Where several parties are jointly liable to
Restriction: other similar cause. make good a case of loss or damage, the
In the cases referred to above, loss is covered insurance will indemnify for that part of the
up to a maximum of EUR 340. 4 SPECIAL MEASURES TO BE loss or damage which corresponds to the
TAKEN ON OCCURRENCE OF AN culpability attributable to the insured and
2.6 contrary to section 3.8, the insurance covers INSURANCE EVENT to any advantage he/she may have gained
loss which is indemnified under section 2.1 and through the insurance event.
which is caused by a temporary incident or 4.1 in any matter covered by this insurance, the
circumstance due to an accidental error. company will determine whether the insured
10
leGal expenses travel insurance
1 PURPOSE OF INSURANCE valid for the benefit of the insured. However, if, 13) which is related to a restraining order
on the occurrence of an insurance event, the 14) which concerns a divorce or the
the purpose of this insurance is to indemnify insured has several effective legal expenses cancellation of a registered partnership,
for any necessary and reasonable legal insurance policies, only this insurance will or property disputes or other claims
expenses incurred by the insured as a result be taken into account when determining the connected with a divorce or separation,
of resorting to legal counsel in a disputed civil validity period of the insurance. the termination of marriage-like
case, criminal case or non-contentious civil cohabitation or the cancellation or
case concerning an insurance event referred 4.2 Single insurance event termination of a registered or an
to under section 4. unregistered partnership
a ‘single insurance event’ refers to an insurance 15) hich is related to the custody or
the insurance applies to the insured in his/ event where habitation of a child, maintenance
her capacity of traveller in matters related to - two or more people covered by this liability for or rights of access to a
his/her private life. insurance are on the same side in a child
disputed civil case, criminal case or non- 16) which concerns the appointment of a
2 THOSE INSURED contentious civil case, or trustee, a special representative or an
- the insured or those insured have several executor or administrator of an estate,
those insured are the policyholder and persons disputed civil cases, criminal cases or or the release of such an appointed
residing permanently in the same household as non-contentious civil cases pending person from his/her duties
the policyholder, unless otherwise stipulated which are based on the same event, 17) in which the insured is involved as
in the insurance policy. circumstance, juristic act or infringement, the owner, possessor or driver of a
or which are based on the same or similar motor vehicle or in which the expenses
3 COURTS OF LAW claim with different grounds. incurred by the insured are covered
under liability insurance
the insured may use the insurance in 5 RESTRICTIONS RELATED TO 18) which relates to a bankruptcy
insurance events which in Finland can be INSURANCE EVENTS 19) which is related to a distraint, an
brought directly before a district court or before execution dispute referred to in the
a corresponding foreign court. The insurance does not cover expenses Execution Act, or the execution of
incurred by the insured in a case distraint, or the execution of a decision
This means that the insurance does not cover 1) where the claim has not been on the custody of a child and on the
expenses in cases which are handled by demonstrably disputed rights of access to a child
the administrative authorities or by special 2) which is related to the current, 20) which concerns proceedings carried
courts, e.g. a State Provincial Office, an earlier, future or planned profession, out in accordance with the provisions
administrative court, the Insurance Court s e l f e m p l o y m e n t , o ff i c i a l p o s t , on company restructuring or the debt
or the Supreme Administrative Court. Nor occupation, business or gainful rescheduling of private individuals,
does the insurance cover expenses in cases employment, partnership of a or the voluntary debt rescheduling of
handled by the European Human Rights Court, commercial enterprise or membership farmers in accordance with the Rural
the European Union Court of Justice or the of the administrative bodies of such an Industries Act
European Union Court of First Instance. enterprise, or other main or ancillary 21) which demand clarification
wage-earning activity of the insured or of whether the expenses incurred
4 COVERABLE INSURANCE EVENTS of another insured person living in the from the insurance event reported by
same household as the insured the insured are fully or partly coverable
4.1 Definition of an insurance event 3) which is related to investment operations under legal expenses insurance
or to an individual investment which 22) which is dealt with as a class action.
a coverable insurance event refers, exceeded EUR 85,000 when the dispute
began or the investment was made 6 MEASURES TO BE TAKEN ON
in a disputed or non-contentious civil case, 4) which is related to a guarantee, pledging OCCURRENCE OF AN INSURANCE
- to a dispute. a ‘dispute’ refers to a claim or other commitment for a loan or EVENT
specified as to its grounds and amount commitment by another person for his/
which has been demonstrably and her business or gainful employment 6.1 if the insured wishes to use the insurance,
specifically disputed as to its grounds 5) which is related to a loan granted for he/she must inform the insurance company
or amount. the business or gainful employment of thereof in advance and in writing. the
another person insurance company will then send the insured
in a criminal case, 6) which is related to real estate or the a written claim settlement decision.
- to a civil claim made by the insured, relevant part of it, a building, a housing
disputed as to its grounds or amount corporation dwelling or rented dwelling 6.2 the insured must be represented by a
- to a complainant’s charges against other than the insured’s permanent solicitor or other legal counsel.
the insured brought or pursued after home or a holiday home in his/her
the public prosecutor has decided to personal use Restriction:
waive or withdraw charges for the same 7) of minor importance to the insured No indemnity will be paid if the insured
action. charges are considered to have 8) in which those insured under this decides not to use any representative at all
been brought when the complainant’s insurance represent opposing parties or selects one who is not a Finnish Master
application for a summons has arrived 9) which is related to a claim or receivable of Laws or does not have equivalent foreign
at the office of a district court. Charges transferred to the insured, unless, at the qualifications.
are considered pursued when the time the dispute arises, two years have
complainant has notified the court in elapsed since the transfer 6.3 the insured must, during court proceedings
writing of pursuing the charges after the 10) in which the insured has filed a petition or settlement negotiations, require the
public prosecutor has withdrawn the in a criminal procedure, or is being opposing party to reimburse the insured’s legal
charges. prosecuted by the public prosecutor, or expenses in full. if the insured has presented to
in which the complainant has filed a civil the opposing party a legal expenses demand
the insurance indemnifies for insurance claim against the prosecuted insured that is partly or fully rejected by a court order,
events occurring during the validity of the while such prosecution is pending an appeal must be lodged against the decision
insurance. 11) in which the insured is required to pay if so required by the insurance company.
damages for a civil claim on account
Restriction: of which he/she has been sentenced Restriction:
If the insurance has been valid for less than or, on the basis of the relevant special If the insured does not demand the opposing
two years at the time of the insurance event, provisions, the charges or sentence party to pay for the legal expenses or
the matters on which the claim or charge is against him/her have been waived relinquishes the demand in part or full
based must also have taken place during the 12) in which the insured has submitted a without the insurance company’s consent
validity period of the insurance. The validity civil claim on account of which he/she or refuses to appeal against the court order
period means the time this insurance alone or has been sentenced or, on the basis on legal expenses, the indemnity which would
consecutively together with other terminated of the relevant special provisions, the otherwise be paid out of the insurance may
legal expenses insurance policies with charges or sentence against him/her be reduced or denied under the Insurance
equivalent contents, has been continuously have been waived Contracts Act.
11
6.4 the insured has no right to approve, in a 7.3.5 common interest arising from a change of legal counsel or from
manner that would be binding on the insurance if the case involves an interest essentially any conduct on the part of the insured which
company, the amount of expenses incurred other than that of the insured or the insured has increased costs or caused unnecessary
from handling the case. has an interest to safeguard in the insurance costs
event in common with persons not covered
Restriction: by this insurance, the insurance indemnifies 7.5.5 the costs of acquiring expert legal
Any payment by the insured to his/her only for those costs which are attributable to opinion
representative for legal fees and expenses the insured.
is not binding on the insurance company in 7.5.6 costs incurred from reporting a criminal
its evaluation of necessary and reasonable 7.4 The amount and calculation of offence or making a request for investigation,
litigation costs. indemnity or from pretrial investigation of a criminal
case
7 INDEMNIFICATION REGULATIONS The legal expenses indemnified under the
insurance are determined in accordance with 7.5.7 expenses incurred from matters and
7.1 Sum insured the relevant provisions of the code of Judicial evidence which the court of law will not take
procedure and the criminal procedure act. into account as they have been presented
The sum insured recorded in the insurance too late
policy is the upper limit of the insurance if, owing to the admission by interested
company’s liability in each insurance event. parties, the court of law has not mentioned 7.5.8 costs caused by the insured or his/her
legal expenses in its decision, or if the matter legal counsel by failing to appear in court,
7.2 Deductible has been settled out of court, the coverable by disregarding court orders, or by entering
expenses are determined by taking into a plea which they knew or should have
the deductible recorded in the insurance policy account the expenses normally paid or ordered known to be unfounded, or costs which they
is subtracted from the coverable expenses. by a court to be paid in similar cases. have themselves caused by prolonging the
litigation wilfully or through negligence
7.3 Coverable expenses For the use of legal counsel, the insurance
covers a reasonable fee charged by the counsel 7.5.9 costs for litigation which the insured
the insurance covers necessary and for his/her work and necessary expenses. in or his/her legal counsel initiated without the
reasonable legal expenses as follows: the determination of a reasonable sum for the opposing party giving any cause, or if they
fees and expenses, the value of the disputed have in some other way caused unnecessary
7.3.1 Disputed or non-contentious civil benefit, the difficulty and extent of the case and litigation wilfully or through negligence
cases the quantity and quality of the work involved
expenses incurred by the insured for use of are taken into account. 7.5.10 fees and costs of arbitrators and
legal counsel and presentation of evidence. conciliators
If the monetary value of a disputed benefit
If bringing the case before a court requires a is assessable, the insurance covers, in 7.6 Other provisions concerning
juristic act or a decision taken by a given body a disputed or non-contentious civil case indemnity
or in connection with any specific proceedings, and when the insured is a litigant in a
the expenses are indemnified as of the date criminal case, up to double the amount of 7.6.1 The insurance company indemnifies
when the case can be brought before a district the disputed benefit. When assessing the for the insured’s legal expenses after a legal
court. amount of benefit, no claims for interest or ruling has been issued or a settlement has
legal expenses are taken into account. If the been reached.
if the matter has been handled as a conciliation dispute concerns a repeated payment, the
case by a court of law, the insurance will also maximum sum considered is ten times a Restriction:
cover the insured’s portion of the fee and single payment. Final compensation is paid after the insured
expenses for an assistant to the conciliator has, in response to the insurance company’s
calculated per capita of the parties to the 7.5 Expenses not covered by the demand, proved that he/she has paid the
dispute. insurance deductible on the costs and any amount
exceeding the sum insured into the same
7.3.2 cases of arbitration or conciliation the insurance does not cover bank account of the legal counsel into which
any indemnity from the insurance is to be
expenses incurred by the insured for use of 7.5.1 expenses incurred from measures paid.
legal counsel and presentation of evidence. taken before the insurance event, from the
preliminary investigation of a case or from 7.6.2 the insurance company’s liability to pay
Restriction: the investigation or handling of such a indemnity will be reduced by any expenses
Fees and costs of arbitrators and conciliators disputed case as a result of which the insured compensation which the insured’s opposing
are not indemnified. justifiably waives his/her claims against the party has been ordered by the court or has
adverse party. undertaken to pay to the insured, provided that
7.3.3 criminal cases it has been possible to collect this sum from
7.3.3.1 the insured as the complainant 7.5.2 any legal expenses of the opposing the party liable for payment.
legal expenses incurred by the insured for use party which the insured has been ordered,
of legal counsel and presentation of evidence or has agreed, to pay. 7.6.3 if the opposing party has been ordered by
insofar as the court proceedings involved a the court or has undertaken to pay expenses
civil claim made by the insured for other than the legal expenses of the opposing party compensation to the insured and this remains
legal expenses on the basis of a crime. which the insured has been ordered to pay unpaid at the time the indemnity is paid, the
are, however, indemnified on the same terms insured is obliged, before the indemnity is
7.3.3.2 the insured as the defendant as the insured’s own legal expenses. paid, to transfer his/her right to the said
legal expenses incurred by the insured for use - if the insured has been assisted in the compensation to the insurance company, up
of legal counsel and presentation of evidence litigation by the consumer ombudsman or to the sum indemnified under the insurance.
if the case involves charges pursued by the his/her representative and the handling
complainant against the insured when the of the insured’s case was if the insured has had to pay a proportion of the
public prosecutor has waived or withdrawn significant to the application of the costs because they exceeded the maximum
charges for the same action. law or in the interest of consumers, or indemnity under section 7.1, the insured is
- if the opposing party of the insured has obliged to transfer to the insurance company
7.3.4 appealing to the supreme court largely failed to observe a decision of the that part of the expenses compensation
If a permit is required for appealing to the consumer Disputes Board, the insurance collected from the opposing party which is in
supreme court, the costs incurred from the Complaints Board or an equivalent body, excess of the proportion paid by the insured.
appeal are indemnified under the insurance which in the central issues of the dispute
only if the permit has been granted. was favourable to the insured. 7.6.4 if the expenses compensation that
the opposing party has been ordered or has
costs incurred in the use of extraordinary 7.5.3 expenses arising from the enforcement agreed to pay has been paid to the insured or
channels of appeal are indemnified only if of a ruling or decision it has otherwise been taken into consideration
the supreme court has approved the appeal in the insured’s favour, the insured must return
for nullification, reversed the judgement or 7.5.4 the insured’s wasted time, own the expenses compensation with interest to
reinstituted a time limit forfeited. work, loss of income or earnings, travel or the insurance company up to the amount of
accommodation costs, or any additional costs compensation paid out of the insurance.
12
General terMs oF contract
the general terms of contract apply to all types can evaluate his/her insurance needs and damage is taken into account in considering
of insurance included in the insurance contract. choose the most suitable insurance cover. whether the compensation is to be reduced or
they apply to both insurance of the person the insurance company will also bring the disallowed. the policyholder’s and the insured
and non-¬life insurance, unless the heading most relevant insurance exclusions to the person’s intent or the nature of negligence
or text of an individual section indicates that applicant’s attention. and other circumstances will also be taken
it applies only to insurance of the person or into account.
non-life insurance. in distance selling of insurance products,
the insurance company must also provide If, due to incorrect or insufficient information
these General terms of contract contain the consumers with the advance information provided by the policyholder or the insured
relevant provisions of the insurance contracts referred to in chapter 6 a of the consumer person, the agreed premium is smaller than it
act (543/94). the symbol § in brackets refers protection act. Distance selling refers to would have been had the insurance company
to the relevant sections of the insurance selling insurance policies, for example, over been given the correct and full information, the
Contracts Act in which the matters in question the telephone or on the internet. ratio of the agreed premium to the premium that
are dealt with. the insurance contract is also would have been charged had the information
subject to certain provisions of the insurance if the insurance company or its representative provided been correct and full is taken into
contracts act not appearing from these has failed to provide the policyholder with account. if, however, the information provided
General terms of contract. any necessary information when marketing differs only slightly from the correct and full
its insurance or has provided him/her with information, the insurance company is not
1 KEY CONCEPTS incorrect or misleading information, the entitled to reducing compensation.
insurance contract will be considered valid in
insurance of the person, or personal insurance, the form that the policyholder has had reason 3 COMMENCEMENT OF THE
is insurance by which a natural person is to understand it in the light of the information INSURANCE COMPANY’S LIABILITY
covered. traveller’s insurance is insurance he/she received. AND VALIDITY OF THE INSURANCE
of the person. CONTRACT
2.2 Policyholder’s and insured party’s
non-life insurance is a policy taken out to cover obligation to disclose information 3.1 Commencement of the insurance
a loss incurred due to material damage, an (§§22, 23 and 24) company’s liability (§11)
obligation to pay damages, or other financial
loss. non-life insurance includes luggage prior to the insurance being granted, the if the insurance company has not agreed on any
insurance, travel liability insurance and legal policyholder and the insured party must other date individually with the policyholder, the
expenses travel insurance. provide full and correct answers to all questions insurance company’s liability will commence
presented by the insurance company that may from the time when the insurance company
the essential content of an insurance contract be relevant to the assessment of the insurance or the policyholder has submitted or sent an
is defined in the insurance policy and the company’s liability. During the validity of the affirmative reply to the offer/bid of the other
insurance terms and conditions. insurance period, the policyholder and the contracting party.
insured party must also correct without undue
policyholder is a party who has concluded an delay any information provided to the insurance payment of the premium for the insurance
insurance contract with the insurer. company by him/her that he/she has found to period is a precondition for commencement
be incorrect or insufficient. of the insurance company’s liability
the insurer is eurooppalainen insurance - always in the case of a fixed-period travel
company ltd. in these terms and conditions, if the policyholder or the insured person has insurance;
the insurers are referred to as the insurance acted fraudulently with regard to the above- - if the insurance company has set the
company. the insurers under the contract are mentioned obligation, the insurance contract payment of the premium for the first
stated in the insurance policy. is not binding on the insurance company. the insurance period as a precondition
insurance company has the right to withhold before continuous travel insurance can
insured is a party who is covered by personal all premiums paid, even if the insurance is enter into force; or
insurance or for whose benefit non-life annulled. - if there are special reasons, for instance,
insurance is valid. because of the policyholder’s earlier
2.3 Failure to disclose information default of payment.
insurance period is the agreed period recorded
in the insurance policy during which the 2.3.1 insurance of the person (§§24 and 34) the insurance bill contains a mention to this
insurance is valid. the contract continues for if the policyholder or the insured person has effect.
one agreed insurance period at a time, unless wilfully or through negligence which cannot be
either of the contracting parties gives notice deemed minor failed in his/her obligation to if the policyholder has submitted or sent a
of termination. disclose information under personal insurance, written insurance application to the insurance
and the insurance company would have refused company and if it is apparent that the insurance
premium period is the period for which to grant the insurance altogether had the full company would have approved the application,
a premium is paid at regular intervals as and correct information been provided, the the insurance company will also assume
agreed. insurance company is released from liability. liability for an insurance event occurring after
if the insurance company had granted the the application was submitted or sent.
insurance event is an event for which insurance only against a higher premium or
compensation is paid under the insurance. otherwise on terms other than those agreed, An insurance application or an affirmative reply
the insurance company’s liability is restricted which the policyholder has submitted or sent
safety regulation is the obligation to observe to what corresponds to the agreed premium or to the insurance company’s representative
regulations on a device, procedure or other the terms on which the insurance would have is considered to have been submitted or
arrangement recorded in the non-life insurance been granted. sent to the insurance company. if there is no
policy or insurance terms and conditions, or indication of the time of the day when the
otherwise in written form, aimed at preventing If the above-mentioned consequences of failure reply or application was submitted or sent,
or restricting the occurrence of a loss. to disclose information lead to a result that is it is considered to have taken place at 12.00
clearly unreasonable from the point of view midnight.
2 DISCLOSURE OF INFORMATION of the policyholder or another party entitled to
PRIOR TO CONCLUDING AN compensation, they may be adjusted. 3.2 Grounds for granting insurance
INSURANCE CONTRACT (§10)
2.3.2 non-life insurance (§§23 and 34)
2.1 Insurance company’s obligation to if the policyholder or the insured person has the insurance premium and other contract
disclose information (§§5 and 9) wilfully or through negligence which cannot be terms are determined in accordance with the
deemed minor failed in his/her obligation to policy anniversary. if new insurance is added
prior to concluding an insurance contract, the disclose information under non-life insurance, to the contract, the premium and other terms
insurance company will provide the insurance compensation payable under the insurance of contract for this insurance are determined
applicant with relevant information on such can be reduced or disallowed. the effect in accordance with the date of inception of the
matters as the insurance company’s own of the incorrect or insufficient information added insurance.
types of insurance, premiums and insurance provided by the policyholder or the insured
terms and conditions, so that the applicant person on the occurrence of the loss or
13
under insurance of the person, the insured contract to which the bill refers and to pay 4.5 Refund of premium upon
person’s state of health is assessed and his/ for the oldest outstanding amount under this termination of a contract (§45)
her age calculated on the basis of his/her contract, unless the policyholder has specified
state of health and age at the time he/she otherwise in writing. if the insurance terminates before the date
gave or submitted the insurance application. agreed, the insurance company is entitled only
the insurance company will not reject an 4.2 Delayed premium (§39) to the premium for the period during which it
application for personal insurance on the was liable. the rest of the premium paid will
grounds that an insurance event has occurred if the policyholder has neglected to pay be returned to the policyholder.
or that the state of health of the person for the premium in part or in full by the due
whom the application is made deteriorated date as referred to in clause 4.1 above, the When determining the amount of returnable
after the application documents were submitted insurance company has the right to terminate premium, the validity is calculated in days
or sent to the insurance company. the insurance contract in 14 days’ time after according to the insurance period to which the
sending a notice of termination. premium pertains.
3.3 Validity of insurance contract
However, if the policyholder pays the However, the premium is not returnable in
3.3.1 insurance of the person (§17) outstanding premium in full before the end of cases stated below in this clause or if the
After the first premium period, the insurance the notice period, the insurance will not cease policyholder or the insured person has acted
contract is valid for one agreed premium to be effective at the end of the notice period. fraudulently in the circumstances referred to in
period at a time, unless the policyholder or the the insurance company will state this option clause 2.2 above. However, the premium will
insurance company terminates the contract. in its notice of termination. not be returned separately if the returnable
the insurance contract may also terminate euro amount is smaller than that mentioned
for other reasons referred to in clauses 4.2 if the delay in payment is caused by the in the insurance contracts act.
and 15 below. policyholder’s financial difficulties resulting
from illness, unemployment or other special the insurance company charges a non-
3.3.2 non-life insurance (§16) reason primarily beyond the policyholder’s returnable minimum premium for travel
After the first insurance period, the insurance control, then despite the notice given, the insurance as stated in the insurance policy.
contract is valid for one agreed insurance insurance will not expire until 14 days after
period at a time, unless the policyholder or the the obstacle in question has ceased to exist. 4.6 Setoff against premiums to be
insurance company terminates the contract. However, the insurance will expire in three returned
months’ time after the end of the notice period,
the insurance contract may also terminate at the latest. the notice of termination states the insurance company may deduct any
for other reasons referred to in clauses 4.2 this option to continue the insurance for a outstanding premiums overdue and other
and 15 below. fixed period. The policyholder must notify the outstanding amounts from the premium to be
insurance company in writing of the financial returned.
3.3.3 Fixed-period insurance contract difficulties referred hereto during the notice
A fixed-period insurance contract is valid for period at the latest. 4.7 Fixed-period insurance contract
the agreed insurance period. However, the
insurance may terminate during the insurance if the premium is not paid by the due date A fixed-period insurance contract is subject
period on grounds specified in clauses 4.2, referred to in clause 4.1 above, penalty only to clauses 4.1 and 4.5 under 4.
15.1 and 15.2 below. interest shall be paid for the period of delay
in accordance with the interest act.
In fixed-period travel insurance, if the journey 5 DISCLOSURE OF INFORMATION
back to the insured person’s country of the insurance company is entitled to DURING VALIDITY OF CONTRACT
residence is delayed for reasons beyond his/ compensation for costs incurred due to
her control, the validity period of the insurance collection of insurance premiums under the 5.1 Insurance company’s obligation to
will be extended by 48 hours. act on the collection of Debts. if the insurance disclose information (§§6, 7 and 9)
company has to collect an unpaid insurance
4 INSURANCE PREMIUM premium through legal action, it is also entitled upon entering into an insurance contract, the
to being recompensed for the statutory insurance company issues the policyholder
4.1 Premium payment (§38) fees and charges incurred due to the legal with an insurance policy and the insurance
proceedings. terms and conditions, if these terms and
the insurance premium must be paid within conditions have not already been given
one month of the date on which the bill for the the insurance company may transfer to the policyholder. in distance selling of
premium was sent by the insurance company to outstanding amounts for collection by a third insurance products to consumers, however,
the policyholder. However, the initial premium party. the provisions of chapter 6 a, section 11 of the
need not be paid before the commencement consumer protection act shall apply.
of the insurance company’s liability, nor the 4.3 Reinstatement of terminated
subsequent premiums before the beginning insurance of the person (§43) During the validity of the insurance, the
of the agreed premium period or insurance insurance company will annually notify the
period, except in circumstances described if a contract of insurance of the person has policyholder of the sum insured and any other
in clause 3.1 above, whereby the insurance terminated as a result of non-payment of insurance-related matters of obvious relevance
company’s liability will not commence until other than the initial premium, the insurance to the policyholder (annual bulletin).
the premium has been paid. if some of the regains its validity if the policyholder pays
insurance company’s liability commences at a the outstanding premium within six months of if, during the validity period of the insurance, the
later date, the related premium will not need to termination of the insurance. the insurance insurance company or its representative has
be paid before said liability commences. company will state this option in its notice of provided insufficient, incorrect or misleading
termination. information on the insurance, the insurance
the premiums of individual insurance policies contract will be considered valid in the form that
included in the same insurance contract are if the insurance regains its validity, the the policyholder has had reason to understand
combined into a single premium to be invoiced insurance company’s liability will commence it in the light of the information he/she was
in one or several instalments as agreed. if a on the day following payment. given, provided that such insufficient, incorrect
premium resulting from an alteration made to or misleading information can be regarded as
the insurance contract has not been combined 4.4 Payment of a delayed non-life having influenced the policyholder’s conduct.
with the instalments agreed previously, this insurance premium (§42) However, this does not apply to information
premium will be invoiced separately. the provided by the insurance company or its
insurance premium paid for this insurance if the policyholder pays a non-life insurance representative on future compensation payable
contract is divided among all individual policies premium in full after the insurance has after an insurance event has occurred.
in proportion to the ratio of the premium paid terminated, the insurance company’s liability
to the billed amount in such a way that all will commence on the day following payment. 5.2 Policyholder’s obligation to disclose
continuous insurance policies are valid until in such a case, the insurance is valid from the information about any increase in
the same date. date of its reinstatement until the end of the risk
insurance period originally agreed.
If payment by the policyholder is not sufficient 5.2.1 insurance of the person (§27)
to cover all the insurance company’s insurance However, if the insurance company does not the policyholder must notify the insurance
premium receivables, the policyholder has the wish to reinstate the insurance, the insurance company of any changes in factors increasing
right to decide for which of the outstanding company will, within 14 days of payment of the risk that were reported when the insurance
premiums he/she wishes to use the money. premium, notify the policyholder that it will not contract was concluded and that are relevant
However, the payment is used for the insurance accept the payment.
14
in terms of assessment of the insurance contract, the company is responsible, having negligence, compensation may be reduced or
company’s liability, such as changes in been informed thereof by the policyholder, for disallowed. if the insured person has through
profession/occupation, leisure time activities adjusting the premium and the insurance terms gross negligence failed to observe the safety
or place of residence, or the termination of any and conditions to correspond to the changed regulations or the duty of salvage or if his/her
other insurance cover. a change resulting in circumstances as of the date of the change, use of alcohol or other intoxicant has contributed
increased risk may be, for instance, residence and at the earliest as of the beginning of the to the negligence, the insurance company will
abroad of the insured person for over a year on current insurance period. nevertheless pay under the liability insurance
a continuous basis. the insurance company that portion of the compensation which the
must be notified of any such changes no 6 OBLIGATION TO PREVENT AND natural person who has suffered the loss or
later than one month of receipt of the annual MITIGATE LOSS OR DAMAGE damage has been unable to collect because
bulletin following such a change. notifying of UNDER NON-LIFE INSURANCE of the insured person’s state of insolvency as
changes in the state of health is not required. authenticated by distraint or bankruptcy.
the insurance company reminds policyholders 6.1 Obligation to observe safety
in the annual bulletin of their disclosure regulations (§§31 and 34) 7 CAUSING AN INSURANCE EVENT
obligation.
the insured person must observe the safety 7.1 Insurance of the person
if, in the case of insurance of the person, the regulations recorded in the insurance policy,
policyholder has wilfully or through negligence or in the insurance terms and conditions or 7.1.1 occurrence of the insurance event
which cannot be deemed minor failed to notify otherwise provided in writing. if the insured (§28)
the insurance company of increased risk as person has wilfully or through negligence which the insurance company is released from
mentioned above, and the insurance company cannot be deemed minor failed to observe the liability to any insured person who has wilfully
would not have kept the insurance in force safety regulations, the insurance company may caused a loss event.
as a result of the changed circumstances, reduce or disallow any compensation payable
the insurance company is released from to him/her. the effect of the failure to observe if the insured person has caused the insurance
liability. if, however, the insurance company the safety regulations on the occurrence of a event through gross negligence, the insurance
had extended the validity of the insurance but loss or damage is taken into account when company’s liability may be reduced, depending
only for a higher premium or on other terms, considering whether to reduce or disallow on what is deemed reasonable in the
the insurance company’s liability is limited to compensation. the insured person’s intent or circumstances.
what corresponds to the insurance premium or type of negligence and any other circumstances
the terms on which the insurance would have will also be taken into account. 7.1.2 insurance event caused by a person
been extended. entitled to compensation or benefit (§29)
6.2 Obligation to prevent and mitigate
If the above-mentioned consequences of failure loss or damage (duty of salvage) If a person entitled to compensation or benefit
to disclose information lead to a result that is (§§32, 34 and 61) other than the insured person has wilfully
clearly unreasonable from the point of view caused the insurance event, the insurance
of the policyholder or another party entitled to in the case of an insurance event or the company is released from liability to such
compensation, they may be adjusted. immediate threat of one, the insured person party.
must, to the best of his ability, take the
5.2.2 non-life insurance (§§26 and 34) necessary action to prevent or mitigate the loss if a person has caused the occurrence of an
the policyholder must notify the insurance or damage. if the loss or damage is caused insurance event through gross negligence
company of any essential change occurring by a third party, the insured person must take or if he/she was at such an age or in such
during the insurance period in the circumstances the necessary action to uphold the insurance a state of mind the he/she could not have
stated at the time of concluding the insurance company’s right vis-à-vis the liable party. the been sentenced to punishment for a crime,
contract or in the state of affairs recorded in insured person must, for instance, attempt to the person may be entitled to full or partial
the insurance policy which has increased the establish the identity of the liable party. if the compensation or benefit only if considered
risk of loss or damage, and which the insurer loss or damage resulted from a punishable act, reasonable in view of the circumstances in
cannot be deemed to have taken into account the insured person shall, without delay, report which the occurrence of the insurance event
when concluding the contract. the policyholder it to the police and sue the offenders if the was caused.
must notify the insurance company of any insurance company’s interest so requires. The
such changes no later than one month of insured person must, in other respects too, if the insured person has died, other parties
receipt of the annual bulletin following such a observe all instructions given by the insurance entitled to compensation or benefits are paid
change. the insurance company will remind company aimed at preventing and mitigating that part of the compensation or benefits not
the policyholder of this obligation in the annual loss or damage. paid to the person or persons who caused the
bulletin. insurance event.
the insurance company will indemnify for
if the holder of a non-life insurance policy has reasonable expenses incurred due to fulfilling 7.2 Non-life insurance (§§30 and 34)
wilfully or through negligence which cannot be the above duty of salvage even if the sum
deemed minor failed to notify the insurance insured were thus be exceeded. the insurance company is released from
company of the increased risk, the insurance liability to any insured person who has wilfully
company may reduce or disallow compensation if the insured person has wilfully or through caused an insurance event.
payable under the insurance. the effect of negligence which cannot be deemed minor
the changed, risk-increasing circumstance failed to observe the duty of salvage referred if the insured person has caused an insurance
on the occurrence of the loss or damage is to above, the insurance company may reduce event through gross negligence or if the
taken into account when considering whether or disallow the compensation payable to him/ insured person’s use of alcohol or some other
to reduce or disallow the compensation. the her. the effect of the insured person’s failure to intoxicant has contributed to the insurance
policyholder’s intent or the type of negligence observe the duty on the occurrence of the loss event, the compensation payable to him may
and any other circumstances will also be taken or damage is taken into account in considering be reduced or disallowed.
into account. whether to reduce or disallow compensation.
the insured person’s intent or type of the effect of the insured person’s action on
If, due to incorrect or insufficient information negligence and any other circumstances will the occurrence of the loss or damage is also
provided by the policyholder or the insured also be taken into account. taken into account in considering whether
person, the agreed premium is smaller than it compensation is to be reduced or disallowed.
would have been had the insurance company 6.3 Failure to observe the safety the insured person’s intent or the type of
been given the correct and full information, the regulations and the duty of salvage negligence and other circumstances will also
ratio of the agreed premium to the premium that under liability insurance (§§31 and be taken into account.
would have been charged had the information 32)
provided been correct and full is taken into 7.3 Occurrence of an insurance event
account. if, however, the information provided under liability insurance, negligence on the under liability insurance (§§30 and
differs only slightly from the correct and full part of the insured person will not lead to 34)
information, the insurance company is not compensation being reduced or disallowed.
entitled to reducing compensation. if the insured person has caused an insurance
However, if the insured person has wilfully or event through gross negligence or if his/her use
5.3 Decrease in risk of loss through gross negligence failed to observe of alcohol or other intoxicant has contributed to
the safety regulations or the duty of salvage, the insurance event, the insurance company
if the risk of loss has decreased to such an or if the insured person’s use of alcohol will nevertheless pay under the liability
extent that it has a bearing on the insurance or other intoxicant has contributed to the insurance that part of the compensation which
15
the natural person who has suffered the loss 10.2 Form of the beneficiary clause contract or notify the claimant of non-payment
or damage has been unable to collect because of compensation without delay and, at the
of the insured person’s state of insolvency as a beneficiary clause, its cancellation or latest, in one month’s time of the date on which
authenticated by distraint or bankruptcy. amendment is null and void unless it has it received the documentation and information
been submitted to the insurance company in necessary for the assessment of its liability. if
8 IDENTIFICATION WITH ANOTHER writing. the amount of compensation is disputed, the
PERSON UNDER NON-LIFE insurance company will nonetheless pay any
INSURANCE (§33) 11 CLAIMS SETTLEMENT PROCEDURE undisputed part of the compensation within
the abovementioned period.
the provisions set out above concerning 11.1 Duties of claimant (§§69 and 72)
the insured person with regard to causing in the case of a claim settlement decision under
an insurance event, observing the safety the claimant shall observe the regulations liability insurance, the insurance company will
regulations or the duty of salvage also apply on making a claim entered in the terms and also inform the person who has suffered the
to a person: conditions of insurance of the person or non- loss or damage.
1) who, with the consent of the insured ¬life insurance and submit the documents
person, is responsible for a motor- mentioned therein to the insurance company. if the total amount of compensation payable
driven or towed vehicle, vessel or aircraft the claimant shall obtain and submit to the to a legally incompetent person for losses
covered by the insurance; insurance company said documentation and other than expenses or loss of property
2) who, jointly with the insured person, information at his/her own expense, unless exceeds 1,000 euros, the insurance company
owns the insured property and uses it otherwise stipulated in the terms and conditions will notify the guardianship authority in the
jointly with him/her; or or agreed otherwise. locality of the legally incompetent person of
3) who co-habits with the insured person such compensation.
and uses the insured property jointly with The claimant is required to obtain the
him/her. documentation which he/she is reasonably the insurance company will pay penalty interest
able to obtain, though taking into account that on any delayed payment of compensation in
the provisions set out above concerning the insurance company may also acquire such accordance with the interest act.
the insured person with regard to observing documentation.
the safety regulations also apply to a person 11.4 Setoff against compensation
who, on the basis of his/her employment or all crimes must be reported to the local police
service with the policyholder, is responsible without delay. the insurance company may deduct
for supervising the observance of such safety any outstanding premiums overdue and
regulations. the insurance company is not obliged to pay other outstanding overdue amounts from
compensation before it has received the above compensation.
When a company which is not comparable to documentation.
a consumer under the insurance contracts act 12 LODGING AN APPEAL AGAINST
is recorded as the policyholder, the following if the claimant has, after the insurance event, A DECISION TAKEN BY THE
will be comparable to the policyholder: fraudulently provided the insurance company INSURANCE COMPANY (§§ 8, 68
1) a partner in a general partnership with incorrect or insufficient information AND 74)
2) a general partner (active partner) in a relevant to the assessment of the insurance
limited partnership company’s liability, his/her compensation may the policyholder or claimant has several
3) a shareholder in a limited liability be reduced or disallowed, depending on what ways of appealing against a decision taken
company who holds over half of the is reasonable in the circumstances. by the insurance company. if his/her matter
company shares, and remains unsettled after he/she has contacted
4) the policyholder’s employee who has the insurance companies share a non-life the insurance company, he/she can ask for
insured property in his/her use. insurance information system which can be advice and counselling from the Finnish
used in processing claims to check claims Financial Ombudsman Bureau or request a
9 IRRESPONSIBILITY AND submitted to different companies. recommendation for the decision from the
EMERGENCY (§36) relevant board. a policyholder or claimant who
11.2 Time limitation on claims (§73) is dissatisfied with the insurance company’s
the insurance company will not invoke clause decision may also bring action against the
7 above to release itself from or restrict its a claim for compensation must be presented to insurance company.
liability if the insured person was under 12 the insurance company within 12 months of the
years of age at the time he/she caused the date when the claimant became aware of the 12.1 Right to correct
insurance event or was in such a state of mind insurance and was informed of the insurance
that he/she could not have been sentenced event and the damaging consequences of if a policyholder or claimant suspects that the
for a crime. that event. a claim for compensation must insurance company has made a mistake in
in any case be presented within 10 years of its claim settlement decision, he/she has the
the insurance company will not invoke clauses the date when the insurance event occurred right to obtain more information about matters
6 and 7 to release itself from or restrict its or, in the case of insurance taken out against which have led to the decision. pohjola will
liability if the insured person was seeking bodily injury or liability for damages, the correct the decision if the new investigations
to prevent injury to a person or damage to damaging consequences were caused. give cause to do so.
property in circumstances in which his/her Making a notification of an insurance event is
negligence or action was justifiable at the comparable to presenting a claim. if the claim is 12.2 Finnish Financial Ombudsman
time he/she increased the risk or caused the not presented within said period, the claimant Bureau and boards issuing
insurance event. loses his/her entitlement to compensation. recommendations
10 BENEFICIARY CLAUSE 11.3 The insurance company’s If the policyholder or claimant is dissatisfied
obligations (§§7, 8, 9, 67, 68 and 70) with the insurance company’s decision, he/she
10.1 Beneficiary (§47) may ask the Finnish Financial ombudsman
after the occurrence of an insurance event, the Bureau for advice and counselling. the Bureau
the policyholder has the right to name a person insurance company is under an obligation to is an impartial body tasked with advising
(beneficiary) who is entitled to compensation provide the claimant (eg the insured person, consumers in insurance and claims matters.
instead of the policyholder or the insured the beneficiary and, in circumstances listed in the insurance company’s decision can be
person. the policyholder may change or clause 15.4 in liability insurance, the person submitted to the Finnish insurance complaints
cancel the beneficiary clause if the insurance who has suffered injury, loss or damage) with Board within the Bureau. the Board is tasked
event to which the clause was to be applied information on the contents of the insurance with issuing recommendations for decisions
has not occurred. and the claim procedure. any advance in disputes which concern interpretation and
information that may have been given to the application of the law and insurance terms and
If the beneficiary clause is valid, the benefit claimant on the compensation, its amount or conditions in an insurance relationship.
payable due to the death of the insured person method of payment will not affect the obligation
is not part of the insured person’s estate. the to pay compensation stated in the insurance the insurance company’s decision can also
benefit is part of the insured person’s estate if contract. be submitted to the consumer Disputes
there is no beneficiary clause and if the benefit Board, which provides recommendations for
is not payable to the policyholder under the the insurance company will pay the decisions on the basis of consumer protection
insurance terms and conditions. compensation resulting from the insurance legislation.
event in accordance with the insurance
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these boards will not handle a case while it 2) the policyholder or the insured person in the case of insurance of the person, the
is pending in court or when a ruling has been has acted fraudulently in observing his/ change will take effect from the beginning of
given in court. these counselling services and her obligation to disclose information the next premium period or, if no premium
board statements are free of charge. as referred to in clause 2.2 above period has been agreed, from the beginning
and, regardless of this, the insurance of the next calendar year following one month
12.3 District court is binding on the insurance company from the date the notification was sent. In the
on the basis of this clause due to the case of non-life insurance, the change will take
If the policyholder or claimant is dissatisfied adjustment of the consequences of the effect from the beginning of the next insurance
with the insurance company’s decision, he/ failure to disclose information; or period following one month after the date the
she may bring action against the insurance 3) during the insurance period, a change notification was sent.
company in the district court of his/her domicile as referred to in clause 5.2 above has
in Finland, of the insurance company’s domicile occurred in the circumstances reported the insurance contract may also change in
or of the place of loss in Finland, unless by the policyholder or the insured person accordance with clause 14.3 below concerning
otherwise provided by Finland’s international to the insurance company at the time index regulations.
agreements. of concluding the contract, and the
insurance company would have granted Changes requiring termination of insurance
action against the insurance company’s the insurance only against a higher if the insurance company alters the insurance
decision must be brought within three years premium or on otherwise other terms in terms and conditions, premiums or other terms
of the policyholder or claimant being informed the event that the circumstance related of contract in cases other than those listed
in writing of the insurance company’s decision to the insured person would already above or discontinues an actively marketed
and the time limit. the right to bring action have corresponded to the change when benefit included in the insurance, it must give
ceases once the time limit has expired. the insurance company granted the written notice of termination of the insurance
insurance. effective as of the end of the insurance period.
Handling of a case by any of the above- the notice of termination will be sent one
mentioned boards will interrupt the limitation after being informed of said change, the month before the end of the insurance period
period for the right to bring action. insurance company will notify the policyholder at the latest.
without undue delay of any change in the
13 INSURANCE COMPANY’S RIGHT OF premium or other terms. This notification will 14.3 Effect of the index
RECOVERY (§75) state that the policyholder has the right to
terminate the insurance. in the case of traveller’s insurance, the sums
13.1 Insurance company’s right of insured recorded in the insurance policy are
recovery vis-à-vis a third party 14.1.2 non-life insurance (§18) linked to the consumer price index. if, however,
the insurance company has the right to alter the a certain type of compensation does not have
the insured person’s right to claim damages insurance premiums or other terms of contract a sum insured in euros, the insurance premium
from a third party which is held liable transfers during the insurance period to correspond to is linked to the consumer price index.
to the insurance company up to the amount the current or changed circumstances if
of compensation paid by the insurance 1) the policyholder or the insured person has in the case of luggage insurance, travel
company. neglected his/her obligation to disclose liability insurance and legal expenses travel
information as referred to in clause 2.2 insurance, the sums insured recorded in the
if the loss or damage was caused by a third above; or insurance policy are linked to the consumer
party as a private person or as an employee, 2) during the insurance period, a change price index.
a civil servant or any other person comparable as referred to in clause 5.2 above has
to these as referred to in chapter 3, section 1 occurred in the circumstances recorded the deductible recorded in the insurance
of the tort liability act, the right of recovery will in the insurance policy or reported by policy is also linked to the consumer price
be transferred to the insurance company only the policyholder or the insured person to index.
if the person in question caused the insurance the insurance company at the time the
event wilfully or through gross negligence or contract was concluded. insurance which has no reference to any index
is held liable regardless of the nature of his/ in the insurance policy is not index-linked.
her negligence. after being informed of said change, the
insurance company will notify the policyholder 15 TERMINATION OF INSURANCE
in the case of compensation paid under without undue delay of how and from what CONTRACT
insurance of the person, the insurance date the premium or other terms of contract
company has the right of recovery vis-à-vis a will be altered. This notification will state that 15.1 Policyholder’s right to terminate the
third party only in the case of compensation the policyholder has the right to terminate the insurance (§12)
paid for loss of property or costs incurred due insurance.
to illness or accident. the policyholder has the right to terminate
14.2 Altering the terms of contract of a the insurance contract anytime during the
13.2 Other cases of right of recovery continuous policy at the end of an insurance period. notice of termination must
under non-life insurance insurance period (§§19 and 20) be given in writing. notice of termination
given in any other manner shall be null and
the insurance company’s right of recovery Notification procedure void. If the policyholder has not specified
vis-à-vis the policyholder, the insured party the insurance company has the right to alter a later termination date for the insurance,
or a party identifiable with the insured one is the insurance terms and conditions, and the insurance will terminate on the date the
defined according to section 75, paragraph 4 premiums and other terms of contract at the notice was submitted or sent to the insurance
of the insurance contracts act. end of the insurance period on the basis of company. However, the right of termination
- new or amended legislation or a does not exist if the agreed period of validity
14 ALTERING AN INSURANCE regulation by the authorities of the insurance contract is shorter than 30
CONTRACT - an unforeseeable change in days.
circumstances (eg an international crisis,
14.1 Altering the terms of contract during exceptional natural event, catastrophe) 15.2 Insurance company’s right to
the insurance period - a change in the claims expenditure. terminate the insurance during the
insurance period
14.1.1 insurance of the person (§20) the insurance company also has the right to
the insurance company has the right to alter the make minor changes to the insurance terms 15.2.1 insurance of the person (§17)
insurance premiums or other terms of contract and conditions and other terms of contract the insurance company has the right to give
during the insurance period to correspond to provided that the changes do not affect the notice of termination of the insurance during
the current or changed circumstances if primary content of the insurance contract. the insurance period if
1) the policyholder or the insured person 1) the policyholder or the insured person
has wilfully or through negligence which if the insurance company alters the insurance has wilfully or through negligence which
cannot be deemed minor failed to observe contract as outlined above, it will, when sending cannot be deemed minor neglected his/
his/her obligation to disclose information an insurance bill, notify the policyholder of the her obligation to disclose information
as referred to in clause 2.2 above, and changes in the insurance premium and other as referred to in clause 2.2 above, and
if the insurance company, had it been terms of contract. This notification will state the insurance company, had it been
given the correct and full information, that the policyholder has the right to terminate given correct and complete information,
had granted the insurance only against the insurance. had refused to grant the insurance
a higher premium or otherwise on terms altogether;
other than those agreed;
17
2) the policyholder or the insured person if the premium period is less than one in receiving payment from the compensation,
has acted fraudulently in observing his/ year or its length has not been agreed, the the owner has priority over a person who has
her obligation to disclose information insurance company has the right to terminate bought the property on a provision regarding
as referred to in clause 2.2 above and, the insurance effective as of the end of the reservation of title.
regardless of this, the insurance contract calendar year. the written notice of termination
is binding on the insurance company on will be sent one month before the end of the 16.4 Entitlement to compensation of a
the basis of that clause; premium period at the latest or, if the premium person who has suffered injury, loss
3) during the insurance period, a change period has not been agreed, one month before or damage under liability insurance
as referred to in clause 5.2. above has the end of the calendar year at the latest. (§67)
occurred in the circumstances reported notice of termination has a mention of the
by the policyholder or the insured person grounds for termination. a person who has suffered injury, loss or
to the insurance company at the time damage has the right, under liability insurance,
of concluding the contract, and the However, notice of termination of the insurance to claim compensation as per the insurance
insurance company would not have may not be given if the grounds are that the contract directly from the insurance company if
granted the insurance in the event that state of health of the insured person has the insured person has been declared bankrupt
the circumstance related to the insured deteriorated since the time the policy was or is otherwise insolvent. if the insurance
person would already have corresponded taken out, or that an insurance event has company is presented with a claim, it will notify
to the change when the insurance occurred. the insured person thereof without undue delay
company granted the insurance; and reserve him/her an opportunity to explain
4) the insured person has wilfully caused 15.3.2 non-life insurance (§16) the insurance event. the insured person will
the insurance event; or the insurance company has the right to also be notified of the subsequent processing
5) the insured person has, after the terminate non-life insurance effective as of of the matter. if the insurance company accepts
insurance event, fraudulently provided the end of the insurance period. notice of the claim of the person who has suffered the
the insurance company with incorrect termination has a mention of the grounds for injury, loss or damage, this acceptance is not
or insufficient information relevant to the termination. the notice of termination will be binding on the insured person.
assessment of the insurance company’s sent one month before the end of the insurance
liability. period at the latest. 16.5 Right of appeal of a person who
has suffered injury, loss or damage
15.2.2 non-life insurance (§15) 16 RIGHTS OF A THIRD PARTY UNDER under liability insurance (§68)
the insurance company has the right to give NON-LIFE INSURANCE
notice of termination of the insurance during a person who has suffered injury, loss or
the insurance period if 16.1 Persons covered by property damage has the right to bring action against
1) the policyholder or the insured person insurance (§62) the insurance company regarding a claim
has, before the insurance was granted, settlement decision taken by the insurance
provided incorrect or insufficient in addition to what is otherwise stipulated company or to submit the matter to the Finnish
information and the insurance company, herein concerning the insured person, a insurance complaints Board or the consumer
had it known the circumstances, would property insurance contract is valid for the Disputes Board as provided in clause 11
have refused to grant the insurance; benefit of the owner of the property concerned, above.
2) during the insurance period, a change any party that has bought the property with
which has substantially increased the reservation of title, any pledgee or holder of 17 APPLICABLE LAW
risk of loss or damage has occurred a lien on the property and any other party
in the circumstances recorded in the exposed to the risk that the property is lost all insurance contracts are subject to Finnish
insurance policy or reported by the or damaged. law.
policyholder or the insured person to
the insurance company at the time of 16.2 Position of the insured person after 18 OTHER MATTERS COVERED BY
concluding the contract, and which the the occurrence of an insurance THE INSURANCE CONTRACTS ACT
insurance company cannot be deemed to event (§65)
have taken into account when concluding the insurance contracts act also covers the
the contract; against the insured person as referred to in following matters:
3) the insured person has wilfully or through clause above, the insurance company will, for
gross negligence failed to observe the reduction or disallowance of compensation, scope of application (§1)
safety regulations; refer to failure of the policyholder or other
4) the insured person has wilfully or through insured person to disclose information (clause peremptory nature of the provisions (§3)
gross negligence caused the insurance 2.2) or to notify of an increase in risk (clause
event; or 5.2) only if the insured person as referred to in Insignificance of misrepresentation or increase
5) the insured person has, after the clause 15.1 knew or should have known, prior in underlying risk (§35)
insurance event, fraudulently provided to the insurance event, of the conduct of the
the insurance company with incorrect policyholder or the other insured person. irresponsibility and emergency (§36)
or insufficient information relevant to the
assessment of the insurance company’s every insured person is entitled to limitations on liability in certain events (§37)
liability. compensation on the occurrence of an
insurance event. However, the policyholder payment of premium through bank or post
15.2.3 procedure may negotiate with the insurance company office (§44)
after having been informed of the grounds in a manner binding on the insured person,
for permitting termination, the insurance and collect compensation, unless the name of limitation on insurer’s right to insurance
company will give written notice of termination the insured person has been recorded in the premium (§46)
without undue delay. notice of termination contract or he/she has declared that he/she
has a mention of the grounds for termination. will assert his/her rights, or it is the question Beneficiary clause (§§47–50 and 53)
the insurance contract will terminate in one of a mortgage holder’s right to be paid from
month’s time from the date the notice was the compensation. execution under accident insurance and health
sent. insurance (§55)
16.3 Priority to payment from
the insurance company’s right to give notice compensation (§66) recovery to bankrupt estate under insurance
of termination of insurance owing to an of the person (§56)
outstanding insurance premium is defined in if property insurance is valid in favour of a
clause 4.2 above. person who has right of lien on the property Double insurance (§§59 and 60)
in security for a receivable, he/she is entitled,
15.3 Insurance company’s right to even if the receivable is not overdue, to payment to wrong person (§71)
terminate the insurance at end of payment from the compensation before the
the insurance period owner unless the owner has rectified the loss insurance company’s right of recovery vis-
or placed collateral for its rectification. The à-vis the policyholder, the insured person or
15.3.1 insurance of the person (§17a) above also applies in favour of a person who a person identifiable with the insured person
the insurance company has the right to is entitled to retaining the property in security (§75, paragraph 4).
terminate a contract of insurance of the for an overdue receivable
person effective as of the end of the premium
period.
eurooppalainen insurance company ltd, lapinmäentie 1, Fi-00013 pohjola
Domicile: Helsinki, main field of operations: insurance business
the company has been entered in the Finnish trade register, business iD 0196741-6
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